The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1894-09-29
CIRCUIT COURT.
BANKS DECLARED COUNTY
TREASURER.
The Court Sustains the VIII of Moses Mes
Dit in Which DIR. Il. X. Crothers
is Named as Executor

| lhEAS y lGENs
The Court Sustains the VIII of Moses Nes-
bitt in Which DIR. Il. X. Crothers
is Named as Executor
The mandamus case of Banks VS..
County Commissioners, the outcome OF
the Boards refusal to recognize the
Treasurer Law passed at the last session
OF the Legislature as constitutional in
the appointment of Mr.. Banks as Trea-
surer, was argured before the court on
Monday night, Chief Judge Robinson
and Associate Judges Stump and Wickes
being on the bench.
| Attorney General Poe, c. c. Crothers
and Clinton Mccullough, Esqs, appeared
as counsel for NJ, Banks, and Messrs.
w. S. Evans anu Albert Constable for
the respondents.
| The action of the Commissioners in
testing the validity of the new law was
because of its alleged conflict with sec
ton 20 of Article of the State Consti-
| tuition, and tho restrictive character of its
| title, in thas it did not fully describe it's
purpose. The counsel for the commits
sioners argued that while the title of the
law professed to repeal certain sections
| of the Treasurers Act of 1856 and to
re-enact the same providing for the
election OF treasurer in Cecil county in
1895. and for his appointment in the
1 mi no nf ia /,
| exceeded this, in that it altered the sys.
| TEN of the office, in changing the Trea-
surer's salary from $500 to $1,000, and
empowered him to take control Of the
| books of the Commissioners, pay his own
salary, made him Clerk to the Commits.
sioners, authorized an assistant, a new
Office, at salary OF $l400; authorized
the Governor to fill vacancies, etc, etc
| They based their case upon the mislead-
| ing nature OF the title and claimed that
| that part of the law was alone valid that
was clearly expr essed in the title. Au-
thorities were cited.
Mr.. Poe, for the petitioner, alone spoke,
and in his argument stated that the case
rested upon the interreptations which the
| Court of Appeals had put upon the par
ticuIar section OF the constitution in
question, and cited decisions of the
Maryland Court of Appeals which he
argued clearly overruled any obie ctions
respecting the conflict Of subject matter
aud title which could be brought up in
the new Treasurers case, as to the laws
validity.
Il was evident that the court would
sustain the law in that it did not desire
to hear any further argument for the
petitioner.
The Court handed down its decision on
Wednesday declaring Mr.. Banks Treas
urer, as follows:
1--WE all agree that the act of 1894,
Chapter 25, is valid and constitutional
act and this being the case the petitioner
John Banks, is entitled to the writ
of mandsmus as prayed. This decision
authorizes John Banks to take possess
ion of the office of treasurer of Cecil
oonnty and the books and records IN the
comm issioners office as under the law
iust declared constitution by the Court
he is IN AIDE custodian of SAID books.
The counsel for the Commissioners on
Thursday took al appeal, and the case
will come up at the October session of
the Court OF Appeals.
The present Treasurer is Mr.. Manly
Drennen. who was appointed oy the
Commissioners on July LIST last.
LAST WILL OF MOSES NEsBITT SUSTAINED
The Sesbitt will case which had beer
on trial since Tuesday of last week was
concluded on Tuesday night, and the
iury retired, on Wednesday returning 6
verdict sustaining the last will of the
decedent. in which DR.. r. X. Crothers
was named as executor. This last viii
: and testament was drawn i'll 1921 b.
Moses Nesbitt, the decedent, who dice
: in 1993-in which he devised his estat'
of about $1,000, to James Nesbltt, hi
brother, and Mary Mccullough, hi
housekeeper, and which at their death
: should go to the West nottingham
PRESBYTERIAN Church. Both died within
2 \ short period after the death of tint
r iecedent which therefore left the churcl
- the direct beneficiary. Mr.. Nesbitt b.
: a previous will drawn in 1890 bequeathe'
Il his entire property to Oliver ID. Nesbitt
y Ella Nesbitt and other members OF til
q Nesbitt family, and named as execute
w. S. Evans, Esq, OF Elkton. Bot
= willis we're offered for probate in tn
Orphans Court.
The contest against the last will wa
brought upon alleged undue intiuenc
being exerted upon the decedent, an
bis not being of sound and disposln
mind at he time of its execution-whlc
= charges were unsupported to the salts
N faction of the jury, which as aboV
10 ssated rendered verdict sustaining I'll
le last will, of 1891.
& The case of the State VS.. Charles Lse
If North East, indicted on the charge
: committing felonious assault up0
81 I,iIIie Parsons, the seven year old daug
, tar Of Frisby Parsons, IN that town o
ar Nav 9Th last, was taken up on Wedne
=. dav. the jury returning verdict
le oniIsy of assault with intent to rape. Y
9, Friday morning Judge Stump sentence
: the prisoner to years servitude in tt
u penitentiary.
D; The trial Of William Reason, coloret
u of the FIRST district, who was indicte
I'll for obtaining harness upon false PRE-
l. tencea, was held on Thursday, the prison.
as being found guilty and sentenced to
W fine of 81, and two months confluence
r. in Jail. 1 >,
g. charge of habitual disorderly condu
was taken up on Friday-the prosecute