Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1880-12-24
Decision in the School Case.

The correspondent u the Baltimore Sun,
writing from Annapolis, under date of the
10th instant, gives NE following synopsis of
the decision of the Court of Appeals in the
school case from ths county. II will be found
10 contain all the points decided;
Judge Irving delivered the opinion OF the
Court of Appeals to-day ia the well-knowu
Montgomery county school board case, involv-
ing, as was thought, the right Of the circuit
judges to appoint county school commission
ers. The appellants, Samuel Jones, claiming
to be president of the board of county school
commissioners Of Montgomery county, ana
James Anderson, claiming to be secretary and
examiner of the hoard, suing for themselves
aud in behalf of divers OF the citizens of Mont
gomery county, Claim that the said Jones
and four others, not joined as compliments,
were, in November, 1869, elected school CON-
mssioners of Montgomery county; that they
qualified, and said Jones was elected president
Of the board. IL was charged that on Janu-
airy 4, 1870, James Anderson was elected
treasurer and examiner; also, that certain
Allen B. Davis, Richard 7. White and Hy.
Renshaw, of said county, now claim to be
school commissioners, under appointment
made by the circuit judges OF that county on
the 27lh day Of December, 1879, aud that one
Samuel II. White claims TO be secretary, treas
urer and examiner under election of the last
named persons. The bill also claims that the
acts of 1870, chap. 81, and 1872, chap. 377,
under which this board claims appointment,
are unconstitutional and void, and so is the
appointment of White although ii admits
that one of the compliments, Samuel Jones,
acted AS president of the board in 1872, 1874,
1876, 1873, successfully, under an appoint
ment as commissioner, and that james Ander-
son acted as examiner under the appointment
OF the board appointed by the circuit Judges I;
but il is alleged that be never bonded as such,
always denying The right OF the judges of APP
pointment o! schoo! commissioners aud they
claim that they have never preciuded them
selves by these acts from denying the consli-
tutional right of the judges TO make said ap-
pointments. The prayer of the bill is for nm
injunction TO restrain Allen B Davis. r. T
White and Hy Renshaw from acting rs com
missioners, and Samuel X. White as examiner
OF Montgomery county, and to prevent Thos
j. Heating, State Comptroller, from paying
over TO said examiner and treasurer money
due for school purposes. The Circuit Court
for Anne Arundel county refused the iniuuc-
ton hence the appeal. The complananis'
theory is that they hold over under chap. 2,
sec. l, act of 1868, chap. 407, until their sue
cessors are appointed, The appelees con tend
that the appellants are not the proper parties
to sue, but the board The corporation, AS
whole, must assert its right in the premises
The court summarily disposes of Mr.. Jones'
case in one sentence; This objection seems
to be well taken so far as the complainant,
Samuel Jones' is concerned" Mr.. Anderson's
plea that he, having never bonded afresh I'M
der the new board, holds over under act OF
1868, the court will not admit also, but says
'flis acts esop him from making such claims "
He admits his appointment by the board, that
be kept the records, and as such must have
entered fis own appointment from time to
time and done other acts, and recorded the
election Of his successor, and thus must be
held us having attained to the new board In
1872, and from time to time afterwards The
fact that he has not bonded cannot affect one
way or She other. He cannot avail himself OF
his own laches. The order of the court below
rfusins the injunction is affirmed, with costs,
and the bill dismissed Not finding II neces-
sary 10 reach the constitutional question to
decide The case the court, with its usual course,
has bolted on the preliminary ssaes, and left
the main one untouched