The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1886-04-24
TOWN AFFAIRs
IOWN AffAl
Opposition to Bonded indebtedness Applica-
lions for Injunction and Mandamus Refused
Nominations for Mayor and Common

TOWN AFFAIRS.
/ Opposition to Bonded Indebtedness-App
tions for Injunction and Mandamus Refused
Nominations for Mayor and Common
Council, &C.
! Beginning with the meeting to protest
against the passage by the Legislature of bills
to fund the debt of the city of Westminster
and to increase the limit of taxation from ten
to twenty-five cents, the proceedings of which
were fully and accurately reported in the AD-
vOcATE, there has been more or less excite
ment over town affairs ever SINCE Some
citizens have allowed their passions to run
away with their reason, which has found vent
in uncalled for denunciation of all who do not
view matters from their standpoint.
There are very few persons in Westminster
who do not feel an interest in the growth and
prosperity of the place; and in beautitying
| and improving the streets, alleys and cross
| ines. The manner of doing it, and the time
of doing it, is a matter about which persons
differ. Each individual has a right to his
opinion on the subject, and to act and vote as
he deems proper. Any attempt to deny this
right, in any manner, is neither right nor
Just, and should not be tolerated. The ex-
hibition of temper and intolerance shown by
some of those who are active in town affairs,
is without cause, and not at all creditaDle TO
those who have done so.
The Legislature passed both bills, noted
above, and two weeks ago the Mayor and
Council advertised to sell on the 10Th 81, 500
in town bonds to fund that much of the debt.
The balance they concluded could be paid the
next year, with an additional levy of five cents
on the 500.
Last week, John Smith, of Wakefield, made
application, by his counsel, Col. VIM. +.
Maulsby, for an injunction, alleging In his
bill that the city had no debt. and that the
pretence that the present Mayor and Council
were the legally constituted officers OF the
city, was fraudulent and false, &c. The ap-
pication was made to Judge |. Thomas Jones,
and refused.
On Saturday Judge Maulsby and wife APP
Piled to Judge Smith for mandamus, to re-
ouire the Mayor and Council to show under
what authority they were acting and to res
train the said officers from selling the bonds.
The allegations in the application were sub
s,antiallv the same as those contained IN the
bill for the injunction. Judge Smith set
Tuesday, at 10 o'clock in the morning, Tor
hearing.
On Saturday night, according to call pre-.
viously made by Josiah Crowl, president OF
the former meeting, another meeting was held
by those opposed to the issuing of bonds or
increase of taxation. Col. Maulsby opened
the proceedings with speech, and introduced
resolutions declaring that the passage OF the
bills by the Legislature was an act OF tyranny
and oppression, usurpaton OF power, ana
pledging the meeting not to vote TOR anyone
for Senator or Delegate who is not pledged to
repeal said bills at the next session OF the
Legislature. The resolutions severely critl-
cised Senator Shriver and Delegates Baesman,
Hoffacker, Arnold and Buchanan.
John Murray Yingling was nominated for
Il n oo.co w Miller Enamel Mack
lev. Nelson Gilbert, George w. Sherman and
Samuel KnelIer for councilmen. The meet
inc adjourned to meet at the fire department
building the next Tuesday afternoon at three
O'Clock (the place and time the town bonds
were advertised to be soid), and then and there
protest against their sale and warn buyers that
payments will be protested and that those
who buy purchase at their own risk
The City Council held meeting the same
night and employed Hon. Chas. B. Roberts IN
addition to Chas. Z. Refsnder. their regular
council. to defend the suit of Judge Maulsby,
and authorized the payment to each of re-
tainer.
On Tuesday morning Judge Smith heard
the application of Judge Maulsby and wife for
mandamus. Reifsnider and Roberts APP
reared for the city and Col. Maulsby for him
self and wife, while about twenty-iv persons,
mostly members of the bar and other court
officers, listened to the proceedings. Mr..
Reifsnider opened the case, stating that the
application was summary proceeding, ana
an attempt to stop the wheels of the govern,
ment was an important step. He then argued
that the application was such as should only
be made to a court of equity and not to a
court of law; explained that a mandamus was
not a proper remedy, &c. and read numerous
authorities to sustain his view of the case.
Before proceeding far Col. Maulsby amend
ed his bill, striking out that portion TO re-
strain the Mayor and Council from issuing
bonds. COL Maulsby then read law to show
that mandamus was proper remedy and
commended that certainly there was some
power to restrain unlawful acts OF othclais;
He said that application for an injunction had
been refused, and he had applied for a man;
damus 1t was, the proper remedy, and
there is no getting around it, except by show
ing that the law, as laid down by Evans, was
not law. There are allegations in the petl-
ton, he said, that may be unnecessary, TOR 1t
was difficult to determine what was proper
and sufficient, and he had put in all as con-
tanned in the bill for an injunction. He also
argued that quo warranto, as suggested by
Mr. Reifsnider, was not the remedy IN the
case, and that a mandamus was
The court did not care to hear the case DIS
cussed further, and Mr.. Roberts did not speak.
lle court ulStnlSSeu inc pOlIeiOii "ien SOStSi
stating that if the Mayor and Council should
proceed to sell bonds the purchasers would
buy subject to the decision of higher court.
The case will be taken to the Court of APP
peals. r.,
place. Before the sale Col. Maulsby pro-
tested against the sale to portion of the
crowd that had not gone in out of the rain.
R. Charles Matthews, from the steps OF the
Fire Department Building, cried the bonds,
and $1,000 were sold from par to forty-six
cents above, and $500 were held for private
sale, par not being bid for them. Had the
legality of the bonds not been assailed, it is
likely they would have brought agood premium
as the investment would have been safe, and
the percentage good in these days of plethora,
when the rate for frst-class securities is from
three to four per cent. The purchasers were
Milton Schaeffer, A. H. Wentz, George R.
Gehr, Jos. B. Boyle, Chas. E. Fink and the
Westminster Savings Institution.