Frostburg mining journal. [volume] (Frostburg, Md.) 1871-1913, 1878-03-16
THE MINING JOURNAL.
FRosTBURG, ND, MARCH 10, 1878.
OUR CORRESPONDENCE.
Legislative Proceedings.
ANNAPOLIS, March IA. 1878.

commissioners OF Allegany county to
levy certain sum of money to James
V. Bear for services rendered by Eli
jah Fuller, created considerable stir
in the House. Certainly no Allegany
bill has been attended with fight so
prolonged and stubborn. During
your correspondents temporary alb
sence Wednesday night of last week
the bill came up unexpectedly. Mes
srs. Carroll, Brace and McKaig, de-
Tended it very ably, and Mr.. Rayner,
of Baltimore, opposed it with his u.s.
ual warmth and force, and succeeded
in defeating it by vote of Is yeas to
3onays. Mr.. McKaig rallied, howev-
er, and obtained a reconsideration
and re-commitment to the Allegany
delegation. Thursday morning the
struggle recommended. Mr.. McKaig
again reported the bill favorably, and
Mr.. Oder addressed the House as fol-
lows:
Mr.. Speaker Aside from my vote,
had not designed personally, to
manifest any. opposition to this bill,
preferring to rely wholly upon the
character and conclusivenesss Of the
Commissioners official statement.
But closer consideration Of the mat
ter has induced me to call the atten-
ton of the House very briefly to sew
eral aspects it presents. Z
Mr.. Bear. who purchased
from Mr.. Fuller the claims upon
which this bill is founded, is rep
resented by my colleague as an "inno-
cent third party" in the TRANSACT
ton, and that he will sustain un.
merited hardship if this bill does
not pass. This statement is no doubt
correct, but in buying. this claim,
Mr.. Bear accepted the usual risks.
If it realized but half its face val
ue, it is nobody's misfortune but his
own. and his recourse for indemnity,
If any, is not here, but to Mr.. Fuller.
Now, sir, if Mr.. Bear, as an "inno-
cent party" ought not to lose his
claim, would like to know with
what propriety or equity the people,
who had nothing to do with the buy
ing or selling of his claim, can be re-
CURED to pay it?
This bill proposes, however, to lift
the hardship from Mr.. Bears shout
ders and load it upon the people, who
are the only innocent party af-
fected by the transaction. I do not
believe the Commissioners will make
the transfer even though you pass
this bill as amended. lido not believe,
moreover, this Legislature ought to
make itself an ASYLUM for the restor-
alton of claims SO badly crippled as
this is by the adverse action of the
proper authorities to pass upon it or
that it ought, directly or indirectly
make the tax payers sufferer for any
individuals unfortunate investment.
l hold the position assigned me by
the commissioners, who characterize
this proceeding of Mr.. Fuller's, or Mr..
Bears as unlawful and unjust" and
whose action in denying their claims
was sustained by our Circuit Court
and a jury Of the vicinage. The
Court adjudged the contract as an
overstep of the power conferred by
law. and the jury thereupon disallow-
ed the excessive charge.
Now, sir, in all candor ask if it is
the province of this House to go be-
hind these proceedings and annul
them ?-to unsettle a judgement based
upon an illegal contract valid and
make the contract in spite of the law,
Commissioners, judge and jury?
Now, sir, in my judgment, to send
this claim back by law to the Com
missioners, is not only a needless en-
. cumbrance to place upon our statute
books but a mere tantalizing opera
ton TO undo what is already satisfac-
tory to the taxpayers.
Mr.. McKaig denied in forcible
speech the correctness of the argu-
ment just made, and appealed to the
House to pass the bill.
Mr.. Oder retorted that he based his
remark upon the official statement Of
the County Commissioners.
Mr.. Blair, Of Montgomery, was sat
isied, that it was no part of the duty
Of this House to re-adjudicate this
claim, and moved to lay the bill upon
the table. a.-: .. .. ~.
This motion was lost by. vote of.
20 yeas to "a nays. -,
The bill then came upon its passage
and was defeated by vote of Ss yeas
and 80 nays. a. ....
81 On the same day Mr.. Brace, from
Select Committee reported favora-
bly, bill increasing pay for indexing
in Registers of Wills Office from five
to ten cents per name. ...
Mr.. Oder revived his magistrates
criminal iurisdiction hill renort;no II