Evening capital. (Annapolis, Md.) 1884-1910, 1905-02-07
HAD A LIVELY SESSION.
SHERIFF SAMUELB. HARDY'S
BILL IS HELD UP.
Judge Daniel R. Magruder Threat
ems to Tie The Hands Of
Board of County
Commissioners

Sharp aud keen were the arguments
which were presented at the meeting
of the County Commissioners this
morning and afternoon over the. bill
which Sheriff Hardy has presented
for the execution of the death penalty
in the case of Julius Cooper, who
killed George Harris.
Although the bill was presented on
January 81, last the commissioners
had passed it by at each succeeding
meeting until today Sheriff Hardy ap-
peared before the body and demanded
that action be taken. A threatened
injunction TO restrain the board from
paying the bill and the stubborn fight
of President Brooke 60 prevent the
payment of the bill were the features
of the two very interesting sessions
of the board.
This morning when the bill came mp
for action it was discussed at great
length 1t contained the various items
going to make up the sum of $500, and
which the Sheriff claims is due him
in connection with the hanging. The
law does not call for an itemized
statement, but simply states that in
addition to his salary the Sheriff shall
receive the sum of $500 for every hang.
ing he shall be called upon to perform.
While the board was considering the
bill Judge Magruder, who had all
along fought desperately against the
execution of Cooper, appeared. He
stated that he objected to the payment
of the bill on the ground that it was
not legal, that the Sheriff received
salary TO perform all duties of the
Sheriff 's office without extra compen-
sation and further that the items men
toned were greatly in excess of what
che cost should be. He gave warning
that he intended to swear out writ
of injunction to stay the action of the
board and hoped to have it prepared
tomorrow.
President Brooke, as an individual
member of the board, stated to Judge
Magruder that no action would be
taken until he had sufficient time to
take any legal steps he might contem-
plate. That seemed to dispose OF the
matter for the time. but in the after
noon it again bobbed up with greater
persistency. Mr.. Robret Moss, on be-
half of the Sheriff, appeared before
the board and stated that there was no
reason why the board should delay ac-
tion in the matter, that the law stated
the Sheriff was entitled to the money
and that the question of the constitu-
tionality of the law was not a matter
for the board to consider.
Mr.. Moss read the law covering the
matter and it seemed, to the lay mind,
to be of most convincing nature that
the Sheriff could collect the money
and that it was due him. Attorney
Moss also read the state constitutional
law on the subject. which appeared
TO give to the state legislature the
right to pass a law which would en-
title the Sheriff to fees other than the
salary he receives.
President Brooke stated that the
board had agreed with Judge Magruder
not TO do anything in the matter until
he had an opportunity of securing a
signature to his writ of injunction.
1t was brought to his attention that
the board had not acted on the matter
and a motion was then put and car
ried setting final action on the matter
at a later hour in the day. That end
ed that passage at arms with Mr..
Brooks somewhat the worse for the
conflict.