The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1889-06-15
CIRCUIT COURT.
Trial of Several Important Cases-Verdlct
Against the Baltimore s. Reisterstown Turn
pike comprehension in the Hampstead
Tax Cases--Wheat Note Case.

Trial of Several Important Cases-Verdlc'
AGAINST the Baltimore Sc Reisterstown Turn
nike Company--Decision in the Hampstead
Tax Cases--Whsat Note Case.
The case of the State, use of Gertrude
Grimes ct al. Us. President, Managers and
Company of the Baltimore and Hanover
Turnpike Company, which was taken up on
Tuesday of last week, was concluded on Mon
day by verdict for 49, 900 for the plaintiffs
$4,000 to Mrs Grimes and 81, 500 each to the
four children. The suit was for damages ioL
the death of VIM. A. Grimes, who was killed
in March, 1883, by his wagon upsetung on the
nike at the East End of Westminster. MauiSoy
and Roberts for plaintiff; Clendinen and Bond
for defendant The Company moved new
trial when the verdict was rendered, and II
this i not Granted the case will be carried up
to the Court Of Appeals.
On Monday the court rendered decision
in the Hampstead tax cases-Nm. A. Abbott
and others, appellants, VS.. the Mayor and
Council of Hampstead, SIX cases. Henhlng
for appellants; keifsnider for appeilees
Following is the decision of the Court
There are very many peculiar and unusual pro
visions in the Act OF the General Assembly ncoFpo-
rating the town of Hampstead. Among them are
me rihf of all male citizens OF this state over the
ave OF twenty years To vote for mayor ana cum
eli OF said Town, and 10 be eligible 10 tue posi'ou o
4
MAYOR and council 10 do and perform fFefyiAWg It-
tirf or dHOrci b. similar corporations III the state
of MARYLAND II non-TeS dents were 10 2Naii thell,
selves their privileges to vote Tor ana 70 9e eIece.
MAYOR and council the interests OF the ellzeis %
the town might be seriously aud lnlurlolsIy aIeSeu
and if the mayor and council performed everything
reouirei or allowed by similar corporate bodies IN
inc ate the town might be readily bankTupted-
These dangers are not probable but theH art 20
sihle and their possibility ought 70 be avoided.
Courts are very reluctant to declare an Att OF ~
sembIy Unconstitutional, except for the ,plainest
,T,.s cont Fl Tffssf
not think these provisions make the act uncunstu-
toual. The mayor and council are autEoIlNea AlteI
the FIRST Monday in May, ISIS, In give notice OF Inc
time and place Of theeiectiou Tor mayor aud c,"ltl
by notices put up pueiic places IN the LOW anu
u appoint judges OF said election Fot Shg
ton the justice OF the peace resident ia siI sN >
authorized 10 give notice as provided Tor SAD mayor
and council 10 do but he Is not anthoriNei u GF-
poipt Judges Of election or 10 mSse any provision LOT
Ssid ELECTION But without deciding the effect OF
that omission there are errors in the judgments lfoa
Inust be reversed. The mayor and Council are au-
ihorized 10 levy and collect taxes ana Shatt cause
an assessment OF the neal and pefsotat property
within the limits Of the town, and Tor that PtFPsS
shall appoint one Of the qualified voters 81 said
town being frgCholder therein. 10 maze sHeL AS
seSSment and he shaA take a. OASIS % sA.l 81
s,sslucut the market value % sal4 properly ASNy'H
ing 10 his best skill aud Judgment Az ASSESSOR Was
appointed " no. according 10 the evidence dld Hol
by inspection aud examination OF the real ab4 ~,
naI tr,urfv % be assessed exercise bis best sSll
and Judgment in determining the value % sai4
,,-,rtV sfrarJTng 10 IT, market value In fact BE-
dd ot visit the premises OF the appellants 90 view
and INSPECT and value their properly lie glt ms
Information from some other sourcc ana ih >lulc
other way lie did not therefore, tu my op'uiot
make any legal or valid assessment. alu tae aPiti
iauts arr NOT bound by hat be did hey an ins
called On 20 pay an assSs{negt NJ ne'5e a.e-','s
60 law They can only De held ieso'is1e - 80
when these taxes are levied accorting D lAs
There are other srrurs IN the proecsoinEs, bui HN
the one Just referred 60 j. decisive against te cet
ctness af these judgments they need not Dc stated
judgments reversed In each case with costs
The case Of the State V. George ". {.
Demmit. indicted for larceny, vas taken nP
on Monday lie was trled before the couft
and adjudged not guilty. Henu'ag for tue
State; Reiisnider & Reiisnider for pemmii-
The next case WAS speculative wheat note
cas-, Franklin Bowersox vs. Frederick har-
yer. Tried before jury. verdlci for defend
ant Roberts ana Reissniier & Reitsnider
for plaintiff; Henning aud Nche4hp ia
baugh fer defendant
in this case the allowing farts ucrc "a pfpai Il
Flawerxox purchased the Bpte sHcd 0E-s hHlate
wheat pole taken BY ilowenoa from 81 eSen, ~
Huidic for fHil value, eT.deues aes EiseI " "
took ne note that part II the consideration q we
Huddic wheat notes wAs Al RgFcvlaen1 - sfi ~
purchased from ulddle. j was a5s' thesh ma
this agreement had not heel Fcrfosniesl ac
Court instructed The tuiy thas u . 9apa taAt t9c
note suci on Wss wbss was cssnsetf ki'4el A. : p
Iluddls wheat nnse and floFeTsax Knew a. ihs uass
he t-ak the note that fart oi uc casliefttalA ~
the 2. Huddle Whest notcs We - aEiss.,". u
srl double he quantity % wheat rlfsli4sfai ei1a
fhs arrrelnent wss uof complied with, iheta ihf
plaiuiid e1sl1 nat fccoSef an his Htc- ~ ,elFa
rgfusel 10 admit evidence 81 prove fnet aiisT Bow
er,x tak ;h~ note toe makeF af = sad he reciFfsi
full Faiue far j. aud pfurnssfa - pa = voc" coy
~, ~ --.und shsf arr flasersax to5k tisn uis ge
statements q the maker eUait hAFc ne cssfl tH
innseucins the purchAsr Il l.
On Tuesday afternoon the case of the state.
use Of Ashury Sayipgion - the BaluEnevc
Ohio Railroad Compsny. THIS Is . case 81
damages for the death Of she plAjauH sou,
Perry Green Sayington. II years old, Killed
by the cars OF the defendant near WaierSviiie.
August sd, iSsS. l, = bcing beard before
jury, and bad not bces eoneiaded ~hsn oar
reDor, closed vesserday-FridaY Maalshy
and Roberts fof plaintiff; Bond and Thomas
far dsfspdAnt