Evening capital. (Annapolis, Md.) 1884-1910, 1903-12-08
PRICE ONE GENT
A CHRISTMAS SURPRISE.
Arrangements Being Made To
Pay Both Sets of Off
cials Their SAL
aries.

The present city officials as we'll as
those who were succeeded in October
last will receive pleasant Christmas
surprise in the shape of an order sign
ed by Mayor Jones for Jumps Of sala.
ries covering the whole period for
which they have actually performed
the duties of their office,
The Mayor and Counselor Riley, APP
preciating the fact that the men should
not be kept out of their salaries, for
which they have worked, believe they
can now make this payment without
any danger TO the city's interests. The
period for which the salaries are in
dispute covers not only the last ten
days in October, but the whole of the
period since July. Arrangement has
been affected between Mayor Samuel
Jones and Counselor Hugh II. Riley
and the two contending sets Of city
officials by which each set will receive
part of the salary for the period be.
ginning with August OF thisi year,
since when no salaries have been paid.
The Democrats elected majority of
the City Council at the election of
last July, but were unable 60 elect at
once Democratic city officials, because
of the failure of Alderman John w.
Martin to act with his party associ-
ates. For this reason the officials
elected by the previous Republican
Council held ON until the decision of
the Circuit Court for Anne Arundel
County, which, ON the first of Octob-
er decided that the Democratic OIL
cials who at an election of the Coun-
Gil had received four votes Co their op.
ponents three. one blank ballot having
been cast, were entitled 20 their Office.
The Treasurer, City Commissioner
Market Master and Messenger yield
ed up their offices unreservedly with
in few days after this decision. The
members of the police force were sue
ceeded on October 30, but under pro-
test, and Market Master Murdook
refused to yield his position to Mr..
Robert Il. Strange, who was declared
his successor.
City Counselor Riley found some
difficulty with the question of the pay
ment of two sets of officials and advis.
ed the Mayor not TO draw orders for
any of the pay until there was n fur
ther adjustment. Consequently the
officials have not been paid since July.
The difficulty of the payment arose
from the fact that the weight OF legal
decisions is that the emoluments Of
the office follow the right TO the Office
and not the occupancy, provided a de-
mand for the Office has been made by
the rightfui occupant. This being the
case il was possible that ii either set
was paid the city would be called on
to pay two sets of salaries should the
other parties be declared the rightful
holders of the offices.
The present officials, however, have
agreed not to claim any salary except
for the time they actually served.
This clears the situation in so far as
the period to October 20 IN concerned
and the old officials will bo paid for
that period. Ii is also believed that
there can be no dispute about the pay
ment of any of the new officials for
the period from October 20, ecxept
the policemen, as all of them but tho
policemen yielded up their offices un-
conditionally. In the case Of the po-
licemen no action has been filed
against them and the Mayor and
Counselor believe that no matter what
may be the decision of the Court of
Appeals in the Murdock- Strange case,
the city cannot and should not
avoid the payment of ocfiiials who are
filling the position from day to day.
The only other question Involved Is
the payment of the old officials for
the period from October 20 10 81 Pay
for this period is claimed by the old
officials, though they did not serve
during the time, on.the ground that as
they were paid for the month they
were hired for that time. The Counsel
or does OF hesitae to advise that this
claim shall not be paid. as the law
clearly limits the term of employ
ment to be until their successors are
elected and qualified. and moreover
by the City Code power of instant re-
moval of all ocffiials is lodged in the
City Council.