Maryland independent. [volume] (Port Tobacco, Md.) 1874-current, 1886-02-12
ruE LyDE1 BILL.

E'sewbef will be seen a comhnuni1a,
! ~, fron .nator Il lelcn in answer q
] ~. strie.trcs made by US in our last g.
) ~. mo-; lie index bill III which he pr,
j. e...,s Is atl,hod his oSn reasons upo1
H.. l4s,ui.ous assumption that they
e .sss have no weight with Us, and
: .;,s h Justification Of the pas age of
{ Northumberland to bill, the decision
oftl't court Of Appeals in Mon'gol,-
- coanty ease. upon certain sections
If the code relating to the recording O.
dse1s The reason assigned by the
,riter for withholding his own views
9e1u j. 3 Important subject scenic % Us
,,,re idle declaration, sor the reason
hat although his communication is al
,l,s.s.d 10 n. and in the outset Of tie
article Processes TO be FIR our ben Fl
sl,ae il Is il fact not iii, case. fnr on
,s margin. he writes p case to publish
IN your next paper. If sou have any
reason for not doing it, will b. obliged
if you will hand it over to the Times
napsr 1t is therefore clear that the
article wa. intended for the public, and
not f,r Us rs mi ,ht be inferred Now
what he wishes the public to understand
from the communication we fail to com
prehcnl. Whether it is, that he wishes
til public to know his reasons for having
the bill pissed in It's prcsent shape have
no weight with Us. or whether he wish !
q, an opinion of the Court Of Appeal !
known. that was delivered in 1888. aid
long since published IN manner re-
IN red by la@, we do rot Know -
It may be the former; it riay BE the
latter, or it may be both Whit light
does either throw upon the question as
to whether the indexing the deeds
of this county in a general
index should lie paid for by the
county or by certain Individuals. 1t is
the high prcogative Of court to pass
upon existing laws. The law making
power is 10 lged in another branch Of the
Stat, Goeernmcit. The Court of Appeals
therefore in the exercise Of It's judicial
functions in substance. simply construed,
certain sections Of the code 1t is no.
where decided howeeer. that law re
quiring Sdch wofk to be done
at tie expense Ct the county
is UNIONS titjotal The law as laid
down in the code recurring such work to
be done, and providing for the pay there
fre, has been Superseded so far as this
county is concerned by the act of 1891.
Laws Of Nd, 1891, chap 4S2, page G47
wherein the clerk Of the Circuit Court
for this county is aut orised to make
a general index 80 the land records o.
Charles county" and the County Commis-
sioners to pay the cost of the same. -
The law reads as folio IS:
SEE. That the rlerk of the circuit conrt
for Charles county he and he is hereby au-
.g,,s....a. "a directctl to prepfre fsfid m axe
gentFaF fT1sex of the land records ~ Charles |
county prior to the year eighteen hnudred !
and egty-fonr and 10 trepare and keep II
general index Of all deeds recorded during !
and after the yeHr eighteen bundled and /
eighty-tour in said cotlnty; said general in
dcx to be kept il well bound book suitable |
for the pdtpose ct the uiethod known as the /!
Campbell system
SEC. g. That the sail clerk shdl be en-
lifted to and receive the sum ofeight cents fer
each mare itide3ri under and by dirtc'ion
for tits bil and that the said SUN 50 ftti IRE |
10 pay for said work 10 b' levied for ami ptid |
by tie county commissioners OF said county |
I;y this law it will be seen the coun-
" is mdde to Fry tie expense
of an Improvement in the land
records Of the county by adding
thereto general index Of a cert'in
kind because such an improvement
is benefit to the people at largc. TIL
object Of the Edelcn bill is to modify the
la@ so is to put the expense Of Keeping
up this improveme' Gu few indiyid
uals.
Lawyers asl tie few well to do persons
Of the County have greater use for such
4 record lhan any ether class, yet, tue
few land purchasers and the poor un-
fortunates who are compelled to mort
case their real estate will have to pay
for the record mainly fer their benefit
We have made no complaint as to the
rapidity with which the bill passed ;he
Senate as alleged. The Senator should
iyot allow his brain to become so befu i
6Icd with Che deep and wcighty intri
cacies of constitutional law as not 20 be
able to discern the difference between
the statement OF fact and coniplaIpt.
s4