Galloway v. Shipley
Galloway v. Shipley
Opinion of the Court
delivered the ojoinion of the Court.
By the fourth section of the Act of 1876, chapter 399, relating to the extension of streets and avenues in Baltimore County, it is provided:
“That whenever it may be desirable to have any street or avenue, which may have been already laid off, ex-, tended beyond its present terminus, the owner or owners of a majority of front feet of ground bounding and fronting on any portion of said street or avenue as laid off, and including the line of the proposed extension, may make application to the County Commissioners of Baltimore County, in writing, setting forth the street or avenue that they desire to be extended, and the line, approximate distance, and point of termination of such proposed extension; and when such application is presented, the said County Commissioners shall,” &c. And the Act then goes on to prescribe with great minuteness the duty of the County Commissioners in the premises, and making provision for appeal from their action, &c., and also providing for the payment by the property holders of any assessments that might be made on their property to pay the costs of the extension.
In 1887 there was an application in writing made to the County Commissioners of Baltimore County for the extension of G-orsuch avenue, ■ then lying within said
The ground upon which they, the appellants, base their contest, is that two of the signers to the written application to the Commissioners, were married ivomen, and that their husbands did not unite with them in signing the application, and that, as without the number of front feet of ground owned by these married women, a majority of the front feet was not represented in the application, the whole proceeding was void. In other words that the signature of the owners of a majority of front feet upon the avenue was necessary to give the Commissioners jurisdiction, and that, as the signature of a married woman, unless coupled with that of her husband, was not a legal signature, the whole subsequent proceeding's were null and void.
To this complaint the appellees have interposed various defences, but we shall only notice one which is decisive of the case.
It is conceded that these married women were the owners of the front feet they signed for, and are thus certainly within the letter of the statute. The statute says the owners must sign, and they were the owners, and did sign. Before we can deprive a married woman, owner, of the right the statute, by its terms, confers on her, in common with other owners, some other statute law, or some reasons based upon sound public policy, must be shown that will warrant us in so doing. This we think the appellants have failed to do.
In the case at bar it is not pretended that there is any statute in conflict yyith the Act of 1816, hut the common law disabilities of married women are invoked in aid of the appellants, and the case of Hall & Hume vs. Eccleston, 37 Md., 510, has been much relied on. But the case at bar presents a very different question, from that of the case in 31 Md. The underlying principle in the case before us is the question of taxation.
The extension of streets and avenues to meet the de-, mands of increasing population and business is an absolute necessity in all cities and towns, the population of which is increasing. It is clearly within the power of the municipal corporations to levy the necessary taxes to ,pay for these improvements, under such restrictions and conditions as the Legislature may impose. In order, however, to prevent the municipal authorities from undertaking such extensions, where they are not needed,
The eleventh section of the Act of 1816 relied on by the appellants, does not militate against these views. In providing that the guardian of an infant should sign such an application at his own will and pleasure, the Legislature could not have regarded such signing as incumbering, in the common law sense, the property of his ward, but rather as a step taken towards its ultimate improvement, it only meant that an important public improvement should not be arrested or delayed for want of consent on the part of some one capable of acting with discretion. .
This eleventh section of the Act deals with qualified interests in the property, and for the purpose of expediting the public improvements, treats these interests as absolute and unqualified. Thus it permits the tenant for
Entertaining these views, the decree dismissing the bill must be affirmed.
Decree affirmed.
Reference
- Full Case Name
- James Galloway v. William H. Shipley, Examiner, &c.
- Cited By
- 1 case
- Status
- Published