Maryland independent. [volume] (Port Tobacco, Md.) 1874-current, 1883-11-30
THE COMMISSIONERS.

lc't VHHtJ I'm iSSl0bcfs OF Eharies
county were indicted last wcrth SnArf
-,t,isn l3of Article - Of the Code fr
not publishing an ltemizcd statement Il
the expenditure Of the 5000 90 Levied
in 1882 for Roads, Of the $4,000 %
levied for pay Of jurors, Of the $4,000 o.
levied for Insane Pauprrs and Of The
$1,000 90 levied for Contingent rur.
poses; these items being taken, we pre.
sumo, TO test the Law. aud because The,
were the largest in the levy IF 1882 I
The trial occurred on Saturday. Mr.. +
VI Cox assisting the Safes Attorney Il
the prosecution and Messrs. Elelen and
Mitchell defending the Commissioners
The evidence showed that the state.
mcnts published in the County papers II
/ 1882 and 1888 we're of the same scope
and particularly as all previous safe.
mcnts, except that IN 1870. when Capt
Page had charge Of the Roads, an
itemized statement Of crpcnditares for
rod purposes was published. The clerk
Of the Board testified that Mr.. Vivian
Brent, for long time Attorney 10 the
Board. and Editor Of the TSDEpExDES7
in the tive G-st years Of his clerkship.
endorsed his method Of preparing what
il called the Annual Statement" as
being entirely correct and proper. He
testified, moreover, (the Court admit.
ting this and some Of the previously Of.
fercd testimony in mitigation) that all Of
the $1,000 00and $4,000 90 and $1,000.
90 had been expended, and tiat the
100000 for pay Of jurors was levi.
ed, as the law required, for the year
beginning January lst 1888, aud is
not to be finally accounted for until the
expiration Of thirty days form the close
Of this November Court
The Court decided that the legal re-
quiremcnt Of the statute to publish "a
detailed, minute. aud accurate statement
Of the expenses Of the County, specify
ing therein each particular item Of ex-
penso, and for what aud to whom paid,
had not been complied with, and that
therefore he must sdjudge the Commits
siouers guilty; but that as all other
Boards Of Commissioners had failed
herein, and as this Board was only fol
lowing the example of its predecessors.
he would impose a nominal ine one
dollar and costs.
The fact is. this whole business Of
publishing statements is somewhat
misunderstood. and has been for wears
not only By the CONF ssioners, but also
by the taxpayers.
What are these "Annual Statements"
as heretofore published? They are sim
ply statements Of the lcry made each
June, aud, as such, are complete and
legally sufficient, if the law required any
statement and publication of the levy.
Section 5 of Article - Of the Code
provides that the levy may be made I'm
,ehoie or IN part BY estimate;' therefore
it is entirely legitimate for the Commits
sioners to levy 100000 for Roads, or
$4,000 90 for Insane Paupcrs. or -
other sum for any necessary and legiti-
mate expenses Of the county
But the law does not require any pub
LEGATION Of the icry What the law doos
require is an annual publication, pre-
sumably at the end Of each fiscal year,
of the expenditure Of the money levied
at the close Of the preceding year. That
is to say, when the Commissioners levy
in June 1882 for s. 90 to pay Jim
Joaes for Crow Bills, 5000 to pay
Mr.. Jenkins for Pauper Cofins and
81 90 to pay somebody for Pine Poles,
they are as much constrained, under the
law, to make out in July 1888 a state
mcnt showing for what and to whom
tI.ey paid the So CO. So 90 and 81 90
(the fact that the purposes and persons
were previously set forth in the levy
makes no dlffercncel and to publish !. tbs
statement, as they are to show for what
aud to whom they paid every dollar Of
the $4,000 90 levied for Roads general
ly Obviously the Commissioners could
not know in June 1882 to whom they
we're going to pay the $4,000 90 levied
: for ro1d expenses the following year,
while they do know reasonably certainly
they are going to pay the s. 90, $500
and 81 90 to Jones, jenkins and the
other.
The publication Of these latter items
in advance, in the lery, would have
: been heretofore deemed sufficient. but
to conform strictly with the law. the
. Commissioners must show BY publica-
ton in 1883 for what and to whom all
/, these small amounts, as well a, the
SSo00o0, were actually paid.
How it came to De supposed that a
publication Of the memorandum Of the
levy, At the time the levy was made
. vas compliance with the law, We do
. not know, but the supposition must have