Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1884-01-18
We have neither the time nor space to

young disputant who figures in the edi |
torial columns of the last INDEPENDENT
some of the chief errors into which he has
fallen. We hope lie will have the dis
cernment and tact to perceive and profit
by them. Does he hot see that he quite
gives himself away" when he says They
have published statement in the month Of
Nooena6er it is true2' 1t avails nothing
that he should go on to say "but tn; is
a vo untary act of their own and is not re-
quired by law, nor can it he commended
that that is in compliance with the law
requiring it to be done in November
Why is it not in comp lance with the law?
The report made to the State board, which
is thus referred to, contains all the data
required by law to he published. Then
if it is the Publication Of statement in Nov
ember," as ouI young friend comedies that
that it is, it must he in compliance with
the law, because the form and manner of
the publication is left entirely in the dis
cretion of the board. What if it is a "vol-
airy act of their own" The law does
not require that il should be the act of
any body else, or that it should be an in
voluntary act. Certainly not. 1t must be
a voluntary act of their own" in order to
be "in compliance with the law" If then
the school board by voluntary act of
6 Ill
November and that statement contains
the data required by the law, then Of
course it is, Just as we said before, sub
stantial compliance with the law. Does
not our fiery young controversiallst see
that after making this sweeping concession
that al the rest of his column and a-haif
of fearfully and wonderfully made sent
ences amount to nothing more nor les than
the most abso ute begging OF the question
Does he not see that 10y his own admiss
the law has not been violated in at all
and that there is no reason why the school
board should "expiate their gui t., This
is not the futile imagination of the TINES
so redundant, and with far fe ched con-
clusIons," but solid facs.
The reason of the Indication Of the
month Of November in the law as the time
fer the publication of the statement of ex-
peuses and receipts and the forwarding OF
a copy to the State board seems to have
been to enable the State board 10 incorpor-
ate l of that data in its annual report
By virtue of its power to make bylaws,
the State board has required the state
ment men toned to be made part Of the
report OF the county boards. Ar er This
rule was adopted it manifestly became
supcrerogatory and unnecessary to send
any other publication of the same state
ment to the State board, and il is a maxim
of the law, cessante ratioHe, cessat ipse ler.-
The reason ceasing the law itself ceases.
1t must follow, therefore. that in any
further publication Of this data which the
school board might undertake to Ike the
reason of the law. which induced the di
rectory clause Indicating the m NTH Of
November rs the time Of publication.
would cease and be Of no application.
But suppose that the section OF law re-
ferred to could he construed as requiring
the school board to publish the statement
mentioned in the county papers; the facts
Of the case would not show any violation
of the law. In the last five years these
statements have been published in the
county papers as follows: in 1879, Novem
Der 2Sth; in 1850, December 10Th; IN 1881,
December 9th; in 1889, December 5 h a; in
1888, December IL Now il is impossible
to show that the pub ic interests could be
in any way injured 10y the sight variation
not expect any one who had sufficient
power of reason :" explain why he eats his
daily meals or snys his daily prayers to
make anr such absurd contention. In
deed we would seriously question whether
any one who should be idle enough to do
so, said any daily prayers" a. all. or. il he
did say any. we wonld suggest To him to
pray for little power Of reason" L is
well known mpxim cf the law, ''ds Nun
ipiis non curdt ler."-the law does not care
about trifies--and un ess it can be shown
that the violation OF a sta ute is such as to
be either actually injurious to the public
interests, or capable OF working such in
L
ciple has been repeatedly recognized and
is well known to lawyers.
The time Of the pub ication of the state
ment of the county commissioners has fire.
quently varied more than month but of
course the TINES appreciated The respon-
sibility resting upon widely circulating
! journal too well to disgust its intelligent
readers by any such trivial contention
as that The matter to which we called
attention in connection with the Statement
of the commissioners, and for which they
were convicted by The court, was most
grave violation Of the very essence of the
| law, by which a door was opened to
wholesale frauds, and the public interes's
greatly jeopardized. Whether the public
interests have actually suffered from the
/ frauds the practice we condemned invited
is a matter yet very much in doubt. Our
| ffiendlyadvice TO all who cannot see any
difference between the offence of the coun-
ty commissioners and the alleged offense of
the school board, is to say their daily
prayers" early and often and ask for more
light.
The public debt was made smaller last