The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1894-04-28
COUNTY TREASURER ISSUE.
Mr.. Evans Answers Mr.. Poe.

Evans, ESQ, counsel to the Bo2rd OF
County Commissioners, III reply TO Mr.
Pee, appeared in the CtcH Democrat of
| last week:
| Nj. Editor: Last week was applied to by the
| County Commissioners of this county, whose
| COUNSEL am, for an opinion upon the validity
| II the recent Act Of Assembly in reference to the
[ County Treasurer's office. That opinion was
| given in writing to the Commissioners, was
| accepted by them correct and was, most prob
| ally, the basis Of their action in appointing
new Treasurer, which action, of course, necess-
arily assumed the nvaIidty OF the recent act.
| This action upon my part and upon the Com
| missfoners, had taken for granted was not only
| regular, but eminently proper The gentlemen
| composing the board were laymen. not lawyers
| and were not supposed to be qualified to deal
| with legal questions.
The act had been engineered through the Leg.
| stature by Mr.. Z. G. CrotheIS the apparent
purpose OF which seemed to be to take the .fnan-
cidi government of the county out of the hands of
the peoples representatives. (the County Com
missioners) and vest it in the hands Of nominee
| OF that gentleman. The acI, If valid, made n
clean sweep in favor OF Mr.. Crothers' nominee
even going IS the extent Of taking from the Com
miSsioners the custody OF their own records and
papers. The treasury OF the county, every dollar
TO he raised by taxation (amguntng to about
$40 0CU year,, and the disbursement OF this
sum was to he no longer solely sublecC to the
control or supervision of the Commissioners, but
was to he largely under the control OF agent
selected, Will not say controlled. by Mr.. Croth-
erS, the author OF the act: not by the people, or
the peoples representatives, 1t seemed to me,
therefore, ana doubtless seemed to the COmm.ss
toners, that an act 50 extraordinary and far
reaching in its consequences, which, whether so
designed not. certainly had the effect to place
the financial government OF Cecil county, for the
next two years, in the hands OF a nominee OF Mr..
&. q. CTothers, shou Id undergo close and cgtl-
cal examination,
The opinion which l gaJ 10 the Commissioners
was, as have said IN writing. and has been pub
lished: 1t adverse to the validity of the law:
and had been acted upon Icy the Commissioners
IN appointing Mr.. Bremen Treasurer. Whether
that opinion is erroneous Or correct, the courts,
and not Mr.. G. G. Crothcrs, or his counsel CT The
counsel @: his nominee Ont. Ban&s), will have to
determine and. ss the courts, not MIR. Crothers,
Ct his cI his nominee counsel iAIr. POe)
viii decide upou the correctness OF my opinion. l
w!il content myself with Few observations upon
Mr.. Poes letter To his client published in this
ion OF manifesto or wha'ever may be its proper
name, sIXuet G. G. CrUthers, (elSo published in
the Aercs) it contains nothing beyond parcel OF
unsupported assertions by that gentleman, and
some coarse remarks, conceived i'll such wretched
taste, that l shall pass over it without further
remark
In dealing with Mr.. Poes letter it must be
remembered that, although he is the Attorney
Genera! Of the State, he is here simply acting as
the private counsel OF Mr.. Crothers 1t is part
of his public duty to write such letters or give
such opinions. 1t is, OF course his privilege, as
it is every lawyers, TO give his opinion to his
private client: in this case Mr.. Ciothers or Mr..
Banks. Mr.. Poes public duties, and where his
opinions are to be received mis- unbiased
Judgments on the lac, are defined in Article .,
Section Of the constitution, and have no refer
ence to eases like the present. He appears here
simply as private counsel to Mr. .Crothers or John
Banks (AIr. Crothers' nominee for Tressurer)and
the opinion is therefore to have weight due to a
gentleman OF his acknowledged ability-no more
no less.
The first remark | shall make upon MI Poe's
letter is. that while l cannot assume that he
intended to evade the points made by me show
ing the invalidity of the law, he has certainly
no; stated some of these points as l intended to
L .
Section 30 contains this clause, And every law
enacted by the General Assembly shall embrace
but one subject and that shall be dcscriJed In its
| ttHe.'
In commenting upon this provision Chief
Justice Alvey in the OF State VS.. Norris 20
Nd. page %. said, The objects designed to be
attained by the constitutional provision are two
| fold the FIRST is to prevent the combination in
one OF several distinct and ncongTuouS subjects:
and the second is, that the Legislature and the
people Of the State may be Griy GGciSCd Of the real
nature Of impending legislation. All titles OF acts
therefore should be SO framed as to accomplish
| these Objects.
We thus see that this clause OF the constitution
| had two objects, one negative, and the other
altrma tive. The negative was to prohibit the
| Legislature ircm dealing with more than one
subject in any single act. The affirmative
| command to the Legislature 10 describe that
| subject in the act.
| Now Mr. Poe'S opinion discusses only one OF
| those objects. His whole 'OpiniOn" is iabOred
effort TO establish that the act in question dealt
| with subject. He says nothing at all about
the second object OF this constitutional provision:
| pamely, that the subject of the act must be
described in the title, which Chief Justice Alvey
| has so cmphaticaliy declared is equally the
|
says is, "hat tic Legislature and the people Of the
| State may be fairly Gdriscd Of the pending legis-
idiion.
| Now, do not intend again 10 go over what l
have already said in my opinion given to tho
commissioners, in regard to the first subject OF
this provision OF the constitution, namely, that
every act should embrace but one subject. l will
only remark. in passing, that l adhere to my
nrst view, notwithstanding Mr.. Poe's opinion;
and had | time, think could adduce number
OF additional arguments in support of what l
have before said. But wish here principally to
| call attention to the TACT that Mr.. Poe has
| totally failed to discuss, what seems to me to be,
| Il fatal defect i'll the title OF this Treasury Act
namely, that the title of the act contains no
sufficient deScripiion the constitution requires,
OF the subject oil the act.
Not only does the title OF the act not contain Il
description OF the subject dealt with by the body
OF the act, Tut it mi; describes the subject
Let us see what was the purpose and object OF
the Treasures Il ct: will let Mr.. Poe tell u.s.
| He says: Now the general purpose Of the ac. is
to provide Tor the election and appointment Ci a
County Treasurer OF Cecil county, and 10 dctTt
the POwerS and prescribe the duties, and for Tie
, compensation OF that officer, and OF deputy
whom he is authorized TO appoint
Aceor ding to Mr.. Poe then, one OF the purpose:
OF the act was ''tO dCfHethc pOrers and preScrG
the duties Of the office. There two objects o
purposes which are sought to be accomplished by
the act and of course il the constitution is to be
4 | regardcded, both OF those objects must be d
, | scrbed in the title of the act
Now l affirm that only one of those tw
, | purposes (both OF which Mr., Poe says in
tended to be accomplished by the act in question
has been described in the title. One puIpos
only is described in the title, and that one pur
}. | pose described in such manner as to amount t
a positive and most misleading misdescrlptio
l. fthc purpose OF the act. Here it is: IAN act t
repeal Sections l19, l2 and 1913 of Article of tn
| Code o Public Local Laws, title Cecil county
L sub title County Treasurer and to re-enact til
same wih amendments proridiag for The election
a Treasurer OF said county in the year 1925 an
his appointment in the meantime"
In the face of such title, will Mr. Poe seriouSl
~ contend that there is here no miS-deScription {
= what he has himself said were the objects OF I'll
ii act! Where, in this title, is there single wor
telling us that, In addition to the election OF
Treasurer, the body of that act goes on to dehr
y his power and prescribe his duties.
1t must be remembered that this act did NJ
r create the office OF Treasurer. The office Of Ire;
If surer of Cecil county already an existn
,t office, and had been for several years. TIL
It original act creating the office had defined Ii
powers and prescribed his duties" BY Il
% | original act, he to be appointed by Il
ID commissioners, not elected by the people.
II This being the condition of things,
N Crothers proposed to amend the law, and accor
I..T,-