Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1899-06-30
The Garrett Park Case.

The case of Sprigg VS.. Garrett Park, de-
cided by the Court of Appeals on June Goth,
is OF considerable importance to the incor.
porated towns of Maryland.
1t arose under provision of the charter
authorizing the council to regulate privies,
and requiring the council to "prohibit the
construction or maintenance Of privy sinks,
cesspools and other repositories of filth"
Ia pursuance of this power and require.
ment, the council passed an ordinance max.
ing the necessary regulations, prohibiting
the construction or maintenance of cess
pools, &c. and making it the duty of the
health officer, when directed by the council
to suppress or remove auy cesspool, &c.
Prior to the enactment of the charter Mrs.
Sprlgg had constructed on her premises in
Garrett Park vault for the reception of
water closet and other waste. After the
passage of the ordinance, the council di.
rected the health officer to serve notice
upon Mrs. Sprgg to suppress the vault on
or before the LIST of June, 1898, and as she
Jailed to do so, the health officer, in COM
pliance with the further order of the coun.
Gil severed the pipe leading from the dwel.
ing to the vault.
Mrs. Sprigg and her husband then filed
bill setting forth the facts, alleging their
desire and intention to restore the connec-
ton, and praying an injunction to restrain
the council or its officers from interfering
with them in so doing and a preliminary
Injunction was granted. A large volume
OF evidence was taken, and, after argument,
Judge Henderson, in October last, dissolved
the injunction, but held that while the ordi-
nance was valid and the plaintiffs had no
right to maintain the vault as depository
of filth, the charter did not confer upon the
council the power of summary suppression
by severing the pipes or in any other man
ner.
The Court of Appeals affirms the order of
the Circuit Court dissolving the injunction 1;
disposes OF the plaintiffs claim of vested
tory OF filth, adversely to the claim; and
upon the subject of summary abatement
uses this language;
"Hhe only other matter that requires our
attention, is as to the power of the munici-
pality to order, after notice to the complain
ant, the summary abatement OF the illegal
use, by the severance of the connecting pipe.
Alter all that has been said, it follows that
the provisions OF the charter and of the or
dinance, must be regarded as police regula-
tons, made in good faith for the purpose of
protecting populous neighborhood against
the encroachments of disease. If they are
to become effective for the accomplish ment
OF the ends for which they were adopted,
there must be the power of prompt applica-
ton lift were held that judicial hearing
must be had in every case, no matter how
open and notorious the inlrdction OF the
law was, 10 the maintenance and improper
use OF privy cesspools, sinks or vaults, the
law would become practically imperative
The municipality has imposed upon it the
care of the pubic he 9TH, and to enable it TO
perform that duty efficiently it has received
the powers and privileges OF the Health Of
tiCer of the State, with the right to remove
nusances. In addition, it has been en-
joined to prohibit cesspools, sinks, and such
other receptacles of filth. 1t could never
have been intended by the Legislature, VIII en-
it imposed such duties and conferred such
powers, that it should be powerless to abate
an unlawful use OF a vault, a sink or cess
pool, until after Judicial hearing ha been
had. There Is no claim made in this case
that the council may destroy the structure
in order to abate the unlawful use. 1t may
indeed be conceded that the structure hav.
ing been built before the act was passed,
the complainant has a vested right to main
tain it. his however, we are not called
upon now TO decide, and We must be under
stood as expressing no opinion here upon
such question. But even il it be legal
structure, the complainant cannot put it to
an illegal use; and il it be so used, the
police power OF the State is quite sufficient
to interfere to prevent it, The power of
summary abatement has been sustained in
many cases"