Evening capital. (Annapolis, Md.) 1884-1910, 1901-12-19
MOoN,S PHAsTR.
JUDGE REYELL,s DECISION.

Judge James Revell. (i-hief Judge
Jones, concurring). filed his opinion yes
terday in the long-pending petition OF
DIR. {. b. Henkel, filed with the Circuit
Court by his counsel. w. H. and ID.
Claude, praying that a writ OF mandamus
issue restraining the defendants, the
Mayor and City Council and Permanent
improvement Commission, from paving
out OF the surplus any moneys set aside
for the sinking fund as provided for in
the ordinance adopted May Is'. 1900
based upon the Act OF 1900, chapter one
hundred and eighty-eight.
The ordinance provided that no part
OF any of the funds set apart for any
specific improvement should be used for
any other improvement. and that all sur
plus remaining over the amount set aside
for any specific Improvement should be
deposited TO the credit o! the sinking
fund. The Mayor, City Council and
Improvement Commission. took diff
ferent view OF the ordinance. ard applied
the surplus accruing iron, certain inn
provements TO deficiencies on other i'm
provements.
When the new City Council was elect.
ed in July last. DIR. {. d. Henkel, a
member OF the new Board. protested
against the takiag OF his surplus which
the ordinance speci6 -ally provided
should so to the sinking fund for the re-
demption OF the bonds, and coDtended it
was not lawful to do SO, and filed a
mandamus restraining the city from using
this surplus. The sum thus accumulated
amounted to some $500. II, none of
which has been deposited 10 credit OF
the sinking fund as r>q lired by section
OF said ordinance.
Judge Revell in his opinion says:
alt logically follows that the contract
for paving any street, &c. may be en-
tered into up TO the amount set apart Tor
that purpose, but it cannot exceed it. II
given out tor less than the amount set
apart. then what becomes Of the surplus
Clearly the mandate OF the second sec
ton directs the surplus or unexpended
portion to be deposited 10 the credit of the
sinking fund for the redemption of the
bonds. For the reasons that to allow
this surplus to be applied to other than
the said sinking fund would cause hostile
criticism and be deemed an act OF bad
faith by the bondhoIdeTs; that the act of
Assembly and ordinance seem to have
been carefully prepared and are in har-
mony with each other. and seem to con-
u. !
essary, il is, therefore, ordered this 18th
day OF December, 1901, that the de-
mutrer filed to the respondents answer
be and the same is hereby sustained with
costs.
The opinion is signed by Chief Judge
Jones and Associate Judge Revell.
The City Council and Improveme nj
Commission owe it to themselves and the
taxpayers of the city. TO give full and
detailed statement of expenditures for all
Improvements. and what amount. il any,
still remains unexpendeds
The following items named under tie
provisions Of the ordinance still remain
unfinished:
Repairs TO Hanover street..,............. 7OG 90
King George 100 90
CURLING Shipwright $50 90
Bukhead foot of Charles st.... ........... S0O %
Stree. Sprinkler. 40 90
street Sweeper ... 49,. ............. ..... 100 90
Balance on Murray Hill Improvements. SJ5 81
Horses for Fire Department, Fire LATIN
System, Carts, ......... .......... 900 90
Total................. .......... $4ss5 96
Balance due Contractor Jewell ....,...-. ASS -
Making a total of. ........ SSSi4 Al
The amount on deposit to the credi, OF
the city to date, with which to meet these
deficiencies, is sIs,9Io.oS, Al iI,mizsd
statement should be given I, the public.
showing in detail the cost OF all improve