The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1903-07-03
Court of Appeals Decisions.

The following interesting decisions
have been made by the Court Of Appeals
of cases from this county:
The County Commissioners Of Prince
Georges county vs.. James H. E. Mitch
ell, crier of the Circuit Court, etc. Judg-
ment of the Circuit Court for Prince
Georges County reversed, with costs to
the appellants. The reversal is based up
on the grounds that Chapter 455 of the
Acts of 1902, upon which the case hinged,
is unconstitutional. This chapter pro-
vides ''that the courthouse and grounds
attached thereto of Upper Marlboro,
Prince Georges county, Md, be and the
same are hereby placed under the care,
custody and control of the crier of the
Circuit Court for said county" The crier
of the court, the appellee in this case, fl
ed a bill for injunction to restrain the
County Commissioners from in any way
interfering with him in the discharge
of the duties imposed upon him by the
above act of Assembly. The injunction
was issued, and the Commissioners ap-
pealed. The cour said that while it
might be conceded for the purposes Of
this case that the Legislature could com
nit a county building, such as a court
house, to the "care, custody and CONTROL
of some one other than the County Com
~missioners, yet it would be unconstitu-
tional to confer such powers and impose
such duties on the crier of the cour as
are attempted by Chapter 455 of the Acts
of 1909. To do this would be to require
the judges to discharge non,judicial func-
tions, "indirectly," it is true, but just as
Objectionable as if directly done, and
possibly more. SO. The judges alone have
power to appoint criers of their respec-
tive courts. If there was ever any ques-
ton about that the Constitution has set
tied it. The Legislature cannot compel
them thus indirectly to appoint the custo-
dian of the courthouse and grounds, by
providing that the crier shall be such Gus
todian, nor can it interfere with the cour
by requiring its officers to discharge 9th
er duties which may prevent him from
properly performing the duties that be-
long to the office of crier. A person may
be we'll qualified to act as crier, but may
be utterly unfit to be custodian of the
courthouse and grounds, or one who may
be competent to have the care, custody
and control of that property might not be
at all suited to the discharge of the duties
of crier. Yet, if this statute is tc be en-
forced whenever the court is called upon
to appoint a crier it must select one who
is qualified for both positions, which GER
tainly could not be done for such compen-
sation as this statute fixes" Opinion by
Judge Boyd.
James G. Rogers VS.. The Sisters of
Charity of st. Joseph's and St. Vincent's
Orphan Asylum; appealed from the Cir
cult Court for Prince Georges county;
decree affirmed with costs above and be-
low. In this decision the court upholds
the validity of a certain conveyance of
real property in Prince Georges county
to the religious corporation named as ap-
pellee. Opinion by Chief Judge McSherry.
Arthur B. Suit against Rosa Pelham
Suit, executrix and trustee, appealed from
the Circuit Cont for Prince Georges
county. In this case the Court of APP
peals reverses the decree of the lower
court, which held that Arthur B. Suit had
no rights in certain property in Prince
Georges county, and orders a new trial
of the matter. Opinion by Judge Jones.
Bowie VS.. Smith order affirmed. Opin-
ion by Judge Briscoe.