The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1879-01-25
Injunction Against the County Commits
siOners Of Baltimore County.

A bill for an injunction to restrain the
County Commissioners from the collection
Of taxes on the levy Of 1878, aud 10 reform
and correct said levy was filed in tho Circuit
Court on Monday last, BY John I. b. Dorsey,
counsel for compliments, VIM. Webster, Ed
ward Worthington, John J. Wright, James
c. Boyce and Henry Carroll The bill alleges
that the levy is in excess of the power vested
in the commissioners by the statutory law reg.
ulating their duties, stating the amount Of
Sil0,02l.47 as the amount levied, being in
the ratio OF " cents on every 500 worth Of
assessable property in the county. Included
in which were the sums Of $4,000 for def.
cheney in the levy Of 1877, and 100000 for
contingent fund. These sums, the bill char
ges, the commissioners had no authority to in
clude inthe levy. ltfurther charges that there
are now due uneollected judgments against
Collectors and back taxes for 1876 and 1877
the sum of S269, 1888. rs, for the failure to col.
lect which no good reason is assigned by the
commissioners. IL further alleges that the
sum Of S64, 936.02, shown to be due the "Alns
House fund by the report Of Special Auditor
John Urowther, Jr., has also been levied 'or
in said levy. This Indebtedness, the bill al
leges, is purely imaginary, aud affords no
legal foundation for the levy; that il is only pay
ing back to themselves what has been spent.
II insists that the levy ought to be reduced by
the exclusion from the sum total TO be raised by
taxation, the sums for VIII CHI the commission.
ers have no authority TO levy. 1t prays for a
discovery as to the use made Of the "Alms
House fund, and Of any loans obtained on
the credit Of Baltimore county, from whom
and for what purpose, and by what authority
the money was borrowed, ahd for an explain
alton as to the alleged deficiency in the levy
of 1871
The case has been set down for hearing on
Saturday, the LIST Of February. IL is said dis
tinguished counsel in Baltimore have been
employed by the petitioners, and that they will
agree to pro torma order dismissing the
bill and denying the relief sought in order at
once to take the ease to the Court Of Appeals.
Courts Of equity may, and sometimes do, in
terpose in matters of this kind. The court
of Anne Arundel county recently restrained
the commissioners Of that county from max
ing an illegal levy for bridge over the Sew
ern river. There have been cases also de-
cided lately in Maine and Michigan, where
the courts have held that taxes eau only be
levied in strict conformity to law; otherwise
there would be no limit TO the discretion Of
parties laying the taxes. There have been
numerous cases in our own State where the
collection Of taxes "Wegdiiy' imposed has
been restrained by the courts and injunctions
granted by the Court of Appeals.
Power is vested in the Board Of County
Commissioners to impose an amount to carry
on the machinery of the county and collect
the taxes necessary for the same, and it is
also a limited power; but it is very doubtful
whether the courts can interfere TO cut down
levy not in excess of the power of the com
missioners, and which has been made eight
months, and on which more than half the tax.
es have been paid into the treasury Of the
county, is doubtful. The majority Of the tax.
payers have expressed no dissatisfaction with
the amount levied by paying their taxes
promptly, however burthensome they may have
been, with the hope of getting Strengthened
up, and reduction on the levy of 1879, for
which they confidently look. Baltimore Coun-
IN Herald