The Republican. [volume] (Oakland, Md.) 1877-current, 1888-10-13

7: THAT all acts and parts of aots
inconsistent with the provisions of
this act are hereby repealed so far as
the same apply to Garrett county,snd
that the School Commissioners of,oil,
county be governed 6y the Public Cen.
eraI School LaocS Of tie State, excent
so far as said laws are modified bv
this act"
Under this law the Goyernoran-
pointed Messrs. Merrill, Ryland and
Hoye School Commissioners, and
they having received their commits
sions, took the oath of office and or
ganized. electing Mr.. VIM. Hipe.
baugh Secretary, Treasurer and FIX.
aminer. They then demanded ofthe
old board, as it Is termed, all the
moneys, books and property belono.
ng to the Board of County School
Commissioners for Garrett county
This demand being refused, bev
then proceeded to act without thm
procuring new books, new seal ana
collecting educational funds whre-
ever possible, and entering uponlhe
discharge of the duties devoldng
upon the Board of County Sdool
Commissioners, so far as they cold.
To prevent this and to have de-
mined the legal questions invalyeA
Messrs. Miller and WintrbuiE
claiming to be. and in thename of
The Board of County ScJool Com
missioners of Garrett comfy, made
application to the Cour, for an in
junction to restrain Mesrs, Merrill,
Ryland, HOye and HiHbaugh from
exercising or assuming to exercise
any of the duties or OfceS of School
Commissioners and Secretary, Treas
urer and Examiner, alleging, as a
ground for the injuntion, that the
law under which thenew appOintees
acted, the act of 1885 was and is un.
constitutional and VOid-conferred
no power upon theGovernor to APP
point or his appoinees to act. Upon
this application Judge Hoffman
passed an order grnting an injunc-
ton, and school Affairs were left IN
the condition mentioned in our last
issue. Since then, however, the de-
PENDANTS in the sui, Merrill, Ryland
HOye and Hinebngh, have filed an
answer and taken an appeal from the
order of Judge Hoffman grantingsthe
injunction, to the Court of Appeals
and they, having given bond as re-
CURED by law, will now act as ii nc
Injunction had been granted. until
the determination Of the case by the
Court of Appeals. 1t not being likely
that this will be done for sometime
the schools will. in all probability
open at the usual time and continue
through the winter, or, at least, unit
an opinion is filed in the case.
The one primary question inyolPa
in this proceeding is whether GIoS
the Act of 1888 is constitutional! If
not, then the appointments made by
the Governor are null and void and
the gentlemen named by him have
no legal power or authority TO act as
School Commissioners, nOtWithstand-
ing the Act of 1872, as contended by
some of them, itself may be held to
be unconstitutional and void.
This seems to US to be fair state
ment of the case and inasmuch as
the matter is now before the Court,
we do not deem it advisable at this
time to discuss it in its legal aspect,
further than to say that it seems to
us that if the Act of 1872 is unconsti-
tional and void, then the Act of 1888
is also unconstitutional and void and
if both be void, our last state is worse
than our first.
Our impression. is that it is de.
cidedly miXed-a kind of Demo.
cratic family squabble-concerning
which no one can tell the result; the
whole condition of affairs resulting
solely from the eagerness and deter.
mination of the ring" politicians Of
Garrett county to secure for them.
selves all the offices, without regard
to the very evident spirit and inten,
ton of the Constitution of the State.