The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1868-07-04
The Iinn,i Lnn.


It's last session, passed road law for baltimore
county, but which the county commissioners held
10 be unconstitutional, and refused To enforce
Fromihc proceedings below IL will be seen that
the matter Is being contested Ia our Court. On
the 10th Of May last, the following petition was
filed:
The petition al William Webster. Thomas
Love aud James H. Ridgcly, rclators in behalf
Of the state Of Maryland, aud citigcns Of hal.
timorc county in said State. respectfully shows
that they are. and hav" been inr - long time
past, citizens Of Baltimore county aud are free
holders Of said county. and have b.,cm nccus
toned to use aud io use the public roads oi
said county. for the purpose 1T access Ia aud
cgr"ss from their respective irrehnlls aud for
other lawful purposes that AN act was passed
at the late session of the General Assembly Of
Maryland, entitled can act 10 repeal the 10Th.
I50th. I5ist. l52d, i53d. 18th, IS5th, IsGth aud
lJ7th sections nf the third prtclc ~ the public
loca; law. relating Ia roads IN Baltimore county
and "a enact the following 10 lieu therrpi." aI
| proved by the Guvcruur March -. isGS. Y"iiI
| petitioners further show that by saiL act. Among
other things. the county comini. sinners "f Hal
timorc cnunty were directed. within twenty
! days after the passage "f the act, a. order an
election ia each ri ia" primary read districts
created by said act, after having first given two
weeks notice ia the county paper, aud by hand
bills a. be- pasted IN net less than ten public
places ~ each af said districts. lur live super
vir"rs Of roads ai.d bridge. Your petitioners
further show that the county commissioners "f
/ Baltimore county, notwithstanding che said
act WIS passed. anl approved "n the auth al
March. lsdS. have neglected aud refused l."
/ order the election therein provided l., br held
although the twenty days have long since pas,
sell that ~ consequence nt such neglect aud
refusal the supervisors provided Tor ia the act
have never been elected. aud there are mo psr
sons authorized by law ip supervise. r,i,airand
keep IN order III" various public road. ~ fai
tim"rr ""unty. Aud your petitioner. further
show that they. ia common with other iuhahi
| tants 81 baltimore county and ritiz"n, 81 the
state. are greatly inc"inun"led. damaged aud
/ injured by reason 81 the -aid neglect aud refu
sal 1T the county commissioners 1T Baltimore
r"uniy Wherefore. ynnr petitioner. pray that
/ the States writ III 'aaa'famHs may issue, coin
handing the -aid county r"InInis sinners ar Hal
tiin0Tr county "rarry intn effect the pruvis inns
II III" .aid net "i Assembly. Aud your pcti
TONERS will ever pray. 81.
Judge Irlluit issued the order in accordance
with the prayer nj the petitioners aud "a sum.
mons 10 appear aud answer tho allegations ~
the petitioners was duly served upon Mr Bral,
rus.,lrn, "f the I,niri ~ rouniy commissioners
uu Wednesday last the argument at the ca.r Va.
commenced, hci,rr Judges Yrlloit aud Hartman
~ T. lirOuks, aud Lawn ':alc E.ls.. represented
the petitioners aud x Il lioatnin aud Fr',i.r
q. Sl'nglnn, E,Is thu county coinruissin
We Ylad the matter Is thu. bring sutt .iy,l
To judrial irst. Il Is an important matter "nr
ia whirh every citizen al the count, - I-,pl,
interested, aud should Lr settled ". are OF.
passed 10 the new lam aud believe thai u will ~.
'lr'la,rI unconstitutional and whru this IS
dome our I~upr nay cominrncr anew the agila
'Dn "f lhr SUBJECT, aud keep on ng,iaiing II an
Ill they haV" = Law which will i-all, H.. ui b.nr.
I'll io the prOplc.
tn Thursday morning judge l-llnu flied
hi. opinion ia the EASE ~ f,llD~-
ia" rrlsi"r- ia this raus.. Iilci thar petition
ON the 18th 1t May. isGs. In sad petition Il
! j. PRAYED that writ 1T sdnipsaH, NAV ISSUE.
commanding ia" COMMISSIONER. 81 Baltimore
county 1" carry into effect the provisions "i 81.
act "t Assembly It lsGS. entitled all act l..
repeal the iIsth. lJuth. Isist Ia2d. Is.id. IsIth
i55th. 10th aud 10Th sections IT thr third AZ
tirlc 1t the public local laws relating T., roads
| "a Baltimore county"
The act of Assembly above referred l., W..
approved ia IL" a"th day 81 Match. Isn> aud
/ 10y the second -"rlian 80 said act the county
commissioners at lIaltinur- county are required
&" call an election fer the puTI~,s', therein ua
m"d within twenty ,iaVa after %, passage This
the county commissioners declined To- u" nn the
ground that th" act OF Assembly IA question i.
ia conflict with the provisions of the G"nstitu
ti"n IL Maryland.
A clause ia the 3dd section "f the thlrd arti.
81" ct the Constitution If the State read. as
follows; And thet'rneral Assembly shall "a
no special law for any ease for which provision
has been made by any existing general law
The object Of the act "i ls6s. already referred
H. ~ a. provide i"r the opening. ron tructiii
and repair OF new roads. a.. /, O.. q ,i.r.a.
lraa .istss 1l.la
takes III" control ri the public roads from the
county committeeman, s'''"s .'i,.-.. .-.s-..i
over said roads /" 'thr local board at each pri
mary district"
Tie Maryland Guide al Public ,ienctai Law.
art -. see. ~ road. IL lnll"w- IAN appli
cations i"r opening. altering or ri"-ing rnaL,
shall 10" by petition t. the county commission
"rs." Here then. we lind prpvi-"n made. Ly
an existing law. ter ulehing. altering "i
closing roads. A. Ia" act IT lSGs. ai.,v. refer
rel a.. !. law 'g,r.aIiy nyyicnLh 10 Eaii,mor.
r""HfY. aud make provision TOT opening. alter
ing ~ closing roads. y - unconstitutional. T.
'rr,s' ~ si'r'm hi'-, IA, casc afrcaiy ,..,
r'dT' fpr ~ an stfsiing g',,r,i hrs.
The act "a question require. the county r"t,,
/ uis-i"n"r- If baliim"r" county To- call an lee.
ton within twenty days after - passage \,
ia" tim" for holding such an clcrlion ha, gone
by. il is clear tina, this Court cannot. by IT,
mandatory writ. compel the defendants (" call
an election IN different LAY aud at - later
conformity with the provision. 81 the C"nsiitu
ton. This j, IA" new question. hut la. beet,
repeatedly drl hy "a" Court III Appeals.
I Ellicott rs the Levy Court -. & D. SEQ
Commissioners at Public Srh,-,l- -. County
Commissioners 81 Anne Arundel county 81
/ Md. iGi.
W" th"rci"rr refuse tn grant the writ. and
will dismiss ia" petition.
Gro. Y.LL"rt.
/ 81 ends the new road law. unlcs. it, friends
"hoosc In carr! it Ia thr cout, ~ apprals
/ G'NrHAL Ga,Nr sND HW IsRArtrI,s The
'hi'Agn Hs., aud the whole press Of the prn,c.
'raii' 'illiirrs which has been busy retailing ~,
vile SANDER a.ains, General Grant, anil packing
IL ~ 10y the pretended authority Of lsadur IIusrn.
thai well known l.raeliie ofihe Chicago Health
Department, have met just rcbukr. Mr. Ro.
-rnihal publishes "a card IN which hc denounecs
the whole story ~ an uniosniel aud unmiIgal,sl
/ falsehood fran beginning to enl he SAYS
! THE whole thing j. a manufactured falsrh,o,
/ aud got up to influence NV counir, men against
General Grant. live here, nm easy iu b- found
and " any Of INV friends, ar others. wish Ia SCI
me "n this subject, shall be happy io 49, ,hrni.
aud disahuse their minds 81 all such glaring
misrepresentation, whcrr NV nam. |. used
Again prom ounce the nr,iclr u basr lir
IssnoE la~KStHAL
E~- D"morrmt has hrcn dcII for snr Year, :
unlikr other drfanrl hrlir.. instead az reaching
'h' stage nf I.u'r'fac,i"n anI decay II shrisrt,d
aud shrunk. aud assumed the condi,ion III a
mummy. The Hrpubli'an party. brihinking it.
,eli thai si'Ine srlir 81 the nsliiuiinn should le
preserved, hAS" ."irl'"l a iannrr Ia tau It's hide
aud M ''l'i"r 4" write down the particular, at
the p'oc''s. that fuiu" rrn-raions may have an
idrA al the siS" and qualities III the animal The
"ITralion l. Ia take plafr neat November
EsrArs ~ In PR,sl0tSr BucH.NAN The pr"
pert, ~ the late "a President nnchanan has Iaen
nnnLai...l NJ A.i..n LIZ inrluLi. s.n am. n.