Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1879-04-11

| requested ny Judlclous irlendS 10 answer.
To prevent the possibility of being charged
with misqnoiing or unfairness, beg that you
will repubish the communication Of ga
! D., post script and all with this letter.
| 'uNLAwFuL EXPENSES.
Mr.. Editor THAT most faithful and valua-
BILE public servant, Hon. Joshua Vansant
comptroller, has discovered that ne long
standing practice Of supplying the Courts of
| Baltimore with stationery at The expense Of
the city is without warrant Of law. So for the
future this nice little piece of patronage to
the vendors of pen, ink and paper will have
to propitiate the iberality of the clerks OF the
several Courts who receive all the profits and
of right ought 20 pay the expenses of the Office,
instead of the public, upon W hch it has been
the practice TO heap every sort of expense
| without for moment entertaining this thought
that equity demanded corresponding credit
| Of profits.
| wonder if an examination in Montgomery
would not reveal the fact that similar expenses
fof some of the bes, Offices in the county
have not oeen paid by The taxpayers without
any corresponding credit from profits TO bal
ance the ACCOUNT 1t is this practice of charg-
ing expenses and falling 10 credit income,
which has bankrupt so many business concerns
throughout the country. City, County or
| State is but larger company than that Of a
| partnership or corporation, and if liable for
expenses, surely is just as much entitled to
share in profits as members Of n firm, COM
| pany or corporation
The law Of morals as we'll as that of equity
| fully susiains this view Of the case. Ii be-
hooves us to watch and see whether the lines
of equity and the rnlc of right have in all
cases been observed in our county. 1t is one
of the subjects which may well engage the at
teniion of the approaching taxpayers con-
venton. A. B. d.
p. S.-After. writing the above Turned 10
and examined tho Constitution Of 1861, The
present Constitution Of the State, aud find
that article 5, section As, copcludes ms follows
And prov ided further that such compensation
of clerks and registers assistants aud Office
expenses shall be paid out of the fees or re-
ceipts of the Offices respectively The report
of the Clerk of the County Commissioners
will show how many of these expenses have
been paid by the county"
Assuming that you will be so obliging,T re-
specially reply 10 the first paragraph of "a
3. d. 50 letter that whatever Practice Hon.
Joshua Vansant, Comptroller, has discovered
in the Courts Of Baltimore "wthont warrant
of law Mr.. "a. B. d" has not discovered
any practice in Montgomery without warrant
of law "a. Is. ~ has not, ia fact, discov-
cred anything. not even the plain and explicit
| statute law that controls and warrants the
practice in Montgomery concerning stationery,
| &c. That is found in the laws OF 1865, chap
| ter l57, from which the following is quoted,
| viz: EVERY snch Clerk, the emoluments of
whose office shall not amount to the sum of
81, 500 in any one year, may present state
ment to the County Commissioners of his
county y under oath, showing the net pro-
ceeds OF his office together with Il statement
OF the cost of the necessary record books sta
tionery and fuel used in his Office up to The
| 6rst Monday in June in each year, and the
said County Commissioners are hereby
authorized and empowered 10 pay or levy
for the use of said Clerk the amount of said
books, stationery aud fuel as Aforesaid /"
The net proceeds of the office which have
the honor to hold have never amounted ia any
one year 10 the sum of 81 500.
might rest here, satisfied as to the legal
question involved But | will state farther
that before the passage of the above quoted
law OF 1865, the late Judge Brewer advised
| the County Commissioners Of Montgomery
county, in writing, that it would be- in his
opinion, in accordance with the existing laws
of the State for them to levy for the use of the
Clerk the cost of record books and stationery
necessary for use in his Office and upon his
recommendation such levy was made for n
part of such cost. Since the act of 1865 the
|
cost of record booke and stationery, and I'M
I'll the publication of the letter of "a. B d -
| never heard the slightest objection thereto
confidently appeal to the public sense of JUS
tice of the people of this county to decide more
over, whether the law above quoted is not
foanded in right and equity. la the larger
counties, where the proceeds of the offices are
sufficient 10 pay all the expenses of the office,
for deputies salaries and the Clerks full sala-
ry, as allowed by law, and then leave sur
plus TO be paid into the State Treasury, the cost
of record books and stationery Is u matter OF
perfect indifference But where us in this
county the Clerk never realizes the salary al
lowed by law, ! ask is it right or equitable TO
require him to pay OFT Of hs own pocket for
record books which in no sense belong to him,
but Of which he IS simply the custodian for
the benefit Of the public, and which be could
no nose legally remove from the Office and APP
propriaie 10 his private use than could any
other citizen 2'Thc same is true as TO the sta
iionery and fuel used in the Office. IL is a
public Office aud the stationery is used in the
transaction OF public business 10 the Clerk 1
office aud the Courtroom, and any citizen has
a right 10 consult the public records of the
office and to be warmed by the fuel there
whilst so engaged.
hope enough has been said TO sustain both
the lawfnlness and reasonabeness of the prac.
iice condemned by a "a. Is. d." in a letter
so hastily penned that he evidently did not be-
gin 10 look mp the Law involved until after bis
letter was finished and signed, aud a Up. s."
became therefore necessary.
The eternal fitness Of things will not ALLOW
me to close this letter without entering my
solemn protest against the indulgence 10 Oft
hand calumny, so Characteristic Of the day, ia