Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1879-05-09
Reply to "Rejoinder" of "a. B. D."

said rejonder upon the issue between us. But
as that one paragraph, which shall discu3 IS
presently, raises "A square issue of fact and can
not, therefore, be left unanswered ! shall
first notice some other parts of his letter, lest
he o. otherSshould cOnstrue my silence into
acquiescence in any of his conclusions or into
unwillngness on my part TO discuss any of
bis numerous quotations
MIR. Davis regrets that published over my
signature my reply Of the 2+lh ult, to his let
ter OF the previous week do not, because
upon reading it over can find nothing in il
but fair aud, il would s%n unanswcrable
reply TO his said LETTER, as he does not attempt
to answer it. lie does noi even condescend to
state The grounds apoo which sit is much to
be regretted" aud am not disposed to con-
lecture. ehall lenve the public to Judge
whether | INDUCED ia 'tgroundless assump-
tons and special pleading" whatever Mr..
Davis may mean BY those terms As 10 ''side
issues, into which he SAYS tried to drag
him, | raised no new issues but simply re-
piled, serialim. TO his successive paragraphs.
He frat alluded to and condemned The pub
lie school system, AID my remarks upon taxa
ton OF mortgages aud bonds we're in direct
response 10 one Of his myorte phrases about
recent innovation upon iitne-honored prac-
tice, aud exactly in his line in his endeavor
10 reduce taxation He certainly does not
this line OF business
As TO Mr.. Davis lecture to gentlemen Of
fcas" and their being Servants and trustees
of the people, thai is all very true, but the
mere fact that he does not happen to be, al
present, one of said Officials does not con-
sttule him 'lhe people" nor make Officials
has servants; and therefore it would be just as
well, probably, Cor him 10 cease assuming
the style of a ''masrer' and recognize officials
as bis fellow-citizens
And it would be also just as well If be
would first learn accurately what their duty
is, before be assumes to Call thea back to
the path OF duty
Mr.. Davis next quotes sec. AZ, art l8 of the
Code, prescribing The conditions of Clerk
bond, calling special attention TO the parts
which he has italicized | suppose Mr.. Davis
means to insinuate that have not complied
with the conditions of said bond. | reply,
first that il is the province of the Judges of
the Court TO inspect the Clerks Office and bust
ness so as to insure the faithful performance
Of the duties Of said Office, and ii is the prov
ince Of the Gu ptrolIer TO see that Clerks pay
over into the Treasury Of the State all sums of
money received for The use Of The State accord
ing to law, &C., and ! submit that said Judges
and Comptroller know their duties as well, al
least, as does Mr.. Davis, and probably, there
fore, do not need his aid. Secondly if there's
any thing in the conditions of said bond incon-
sisient with the law OF 1865, chapter l57,
(which do not admit) said law was passed
since said sec. AZ, art 10, Of the Code. So
that If Mr. Davis has any ground of complant
it is against The Legislature of 1865, which
passed the law, and against the Legislature of
1870 which legalized the Supplement eodify-
ing the laws of lS6l-67, and not against The
County Commissioners or myself
Mr. Davis then quotes from the Code, secs
Q and 81, art. Is. As these sections are in
plain words repealed by Ike laws of 1865
chapter l57, it is difficult to see why they were
quoted.
Mr.. Davis then quotes secs. SO and SO Of
art. l8 Of the Code. For " hat reason | am
unable 10 see, as the duties enjoned have al
ways been performed by the Clerk and no.
body has ever, 10 my knowledge, charged TO
the contrary.
Now il is not my ddty to undertake to as
sign the reasons which induced the Legisa-
ture of Maryland to pass the act Of s65, chap.
49, and the Legislature of 1870 to legalize it. |
As law, il is binding upon all citizens, and ii |
furnishes the all sufficient reason for action |
which Mr. Davis asserts would seem 10 COM
mon minds to be among things strange and |
incomprehensible." think he used the wrong
word, for il seems TO me lit is only strange
and incompsehensihle' to uncommon minds, |
that law should be obeyed. But | will ven
ture beyond the limit that would, think, be |
satisfactory to most minds, and having al
ready quoted the language OF the law which |
requires the action in question, ! will even |
attempt TO conjecture what may have inilu-
enced the w-makers 10 pass the law, have
quoted, in 1865 aud TO legalize i: in 1870 and
acby they did not consider said law inconsis-
tent with The Constitution, nor with sec. AZ
of art Is of the Code. They kaeo that the
Constitution provided that such compensa-
ton of Clerks cot to exceed $25O0 by Con-
stitntiou OF 1864 or $4,000 by Constitution of
1861 and assistants aud oifice expenses shall
always be paid out Of The fees and receipts OF
the Office" They also kne,c that sec. ~ of
art Is of the Code required Clerks to give
bond conditioned among other things that the
Clerk shall at his owe proper cost and charge
find supply Of good and sufficient record
books necessary for the entering up OF all mat
tiers and thugs relating TO such Office" They
found that in certain Clerks offices the Clerks
received and retained the maximum allowed
of S25O0, afterwards $4,000, Tor $500 in Bal
timore City), ms their net salary, and that ia
those Offices although the law required said
Clerk ito Gid AT their own proper cost and
charge aud 10 "pay for out of the proceeds
of their Offices the record books, stationery,
&c used in said offices, still the law also allow
ed them TO reimburse themselves for that outlay
from money which formed surplus of fees re-
CURED 10 be paid into the State Treasury. They
found that in certain. other Clerks offices
where just as much knowledge and skill was
necessary 10 perform the duties thereof the
Clerks did not receive net salary of
S2500 aud yet were required to fad the re-
cord books, &c, lat their own proper cos:
aud charge, aud "pay for them out of the
proceeds of their Offices and still there was
/ vicin Ia
class of Clerks for said outlay. They found
that the fee list art. IS OF the Code, provided
for the payment Of fees to officers only
for cork done, and not materials provided
| Considering that il was therefore right
and equitable and not inconsistent with The
| Constitution, the law-makers passed The act
OF 1865, chap, 49, which authorizes aud en-
/ powers the County Commissioners when salts.
fled by proper preof that d. Clerks net salary
Tor the previous year WAS under $780, aud
also OF the cost of record books, stationery,
&c, used in his Office during the previous
year, 10 levy for his use the amount Of said
record books, stationery, and thus reimburse
him for an expense incurred for the public in
paving for public property.
belive that the above substantially were
the reasons which influenced TIE two Lecisla.
lures TO pass, and then legelze said law.
see nothing ia said law inconsistent with the
COushluuon, aud nothing but fairness and
equity in the provisions Of the law respect
fully refer your readers, nj this point, to nv
letter Of last week. In which | endeavored 10
show that only Courts we're competent TO de-
c'de upon the question of the Constitutionalily
Of laws.
Mr.. Davis next quotes from art 49, maze
AZ Supplement 10 Code ls6l--6T, a section
which provides for returns 10 the Comptroller
by Clerks, "trire IN eeeyy gear" As the sub
seqaent law OF 1874, chap. 4s3. sec 1888 re-