The Baltimore County union. [volume] (Towsontown, Md.) 1865-1909, 1909-05-22
EXTENSION IS UNCONSTITUTIONAL.
Judge Burke Rules That Terms of County
Commissioners Gould Not be Legally
Standardization Will Not
be Contested IT'S Said.

Judge Burke Rules That Terms of Count.
Commissioners Gould Not be Legally
STANDARDIZATION Will Not
be Contested IT'S Said.
In the Circuit Court here on the 14th instan
/ Judge Burke rendered an opinion holding tina
the law passed at the last session of the Legis
lature extending the terms Of County Commits
sioners Mann, hatfield and Byerly, from two
to four years, is unconstitutional, and also tina
the provision of the law providing that thu
terms Of future County Commissioners elected
shall be four years, is invalid.
In accordance with his opinion Judge Burke
passed an order granting the petition of Mr.
Robert G. Clarke that writ of mandamus shall
issue requiring Hon. J. Fred. C. Talbot, Jane,
Rittenhouse and Walter r. Townsend, mem
bers Of the Democratic State Central Commit
tee for Baltimore county, to place his name on
the ticket to be voted at the Democratic prim.
airy election in the county on June 18th as O
candidate for County Commissioner. Mr.
Clarke has made demand on the members Of
the committee for his name to be placed on the
ticket, which was denied by the members OF
the committee on the ground that there was
not provided by law that there should be an
election for County Commissioners until 1911.
Mr.. Clarke thereupon, by his attorney, Mr.. Ell.
mer ]. Cook, filed petition for the writ Of
mandamus, and Mr.. James ] Lindsay. counsel
for the defendants, filed demurrer to the pc.
ttlon. Attorney-General Stratus filed petition
stating that as the legality of an act ofthe Cen
eral Assembly, which he believed to be valid,
was attacked in the petition, he asked to be al
lowed to appear in the case az counsel for the
defense. Judge Burke granted the request Of
the Attorney General. By agreement ofcoun-
sci the case was submitted on the demurrer.
The opinion of Judge Burke is, in part, as
follows:
THE demurrer of the petition for manda-
mus filed herein raises the question Of the con-
stitutionality Of the Act OF 1908, chapter 100.
The question is one of great public concern and
it is highly important that it should be def
nitely settled by the Court of Appeals in ad-
vance OF the primaries which are to be held in
this county on June 20. Section /, Article Z.
, of the Constitution provides that County Com
mIssioners shall be elected on general ticket
of each county by the qualified voters of the
several counties Of the State on the Tuesday
next after the first Monday in the month of
November, commencing in the year 1891 their
number IN each county, their compensation,
powers and duties shall be such as are now or
may be hereafter prescribed by law; they shall
be elected at such times and in such numbers
and for such periods not exceeding six years as
may be prescribed by law. The Act of 1900,
chapter 474, provided for the election at the
general election of three County Commission
ers for Baltimore county, to hold their office
for the term of two years.
repeal the act above mentioned, and provided
that there should be three County Commits
sioners Of Baltimore county, who should hold
Office for the term Of four years and should be
eligible to re election, and the three County
Commissioners elected to Office in the year 1907,
to wit, Henry P. Mann, William Byerly and
Charles L. Mattfeldt should each hold office
for the term of four years, and that at the gen.
eral election in 1911 there shall be elected three
new County Commissioners for Baltimore
county, each of whom shall hold Office for the
term of four years. etc.
1.-The question, therefore is, has the Legisla-
ture the power to extend the term of an officer
whom the Constitution provides shall be cleo
ted by the people and whose term has been
fixed by an Act of Assembly passed in the pur.
suance of the Constitution The general, and
l think the sound, rule upon this question is
stated in % American. English Encyclopedias of
Law, 407, as follows: Where the Constitution
directs that certain officers shall be elected by
the people, and authorizes the Legislature to fix
the term of Office and the time and manner Of
their election, and the Legislature has exercised
the authority conferred and in pursuance of its
enactment an officer has been elected, subss-
quent act extending his term beyond the period
fixed is unconstitutional
"This precise question has been determined
in the case Of the people versus Bull, 46 New
York, 81.
The defendant was elected for six years.
that he should use the Office. Perhaps they
would have willed that he should use it for
nine years. Whether they would or not, the
power was reserved to them, and it is in an un
warrantable assumption by the legislature to
undertake to exercise it. The reasoning ofthe
court in this case, which fully discusses the
whole question, is as clear and cogent, and the
doctrine which it denounces is so in harmony
with the spirit of constitutional government
that it ought to control the question here in
volved. The principle announced in that case
has been approved in many other well consld-
cred cases. / am, therefore, of the opinion
that the Legislature had no power to extend the
term of the County Commissioners of this
county as was attempted to be done by the act
mentioned.
"The act now under consideration is void in
my judgment, upon another ground. Article
8, section Is, OF the CONSTITUTION provides that
any law enacted by the General Assembly
should embrace but one subject, and that
should be described in its title"
It is understood that Messrs. Centrum and
Lindsay, counsel to the Board of County Com.
missioners, will not contest the matter and the
opinion Of Judge Burke will be allowed to
stand. This means that three candidates for
County Commissioners must be nominated at
the forthcoming Democratic primary.
Herd of High Glass Guernseys Under
the Hammer.-Tbe most successful sale of
high class cattle ever held in Baltimore county
took place at Grove Stock Farm, on the Falls
road, on Friday, 18th inst, when Mr.. James
NICK. Merryman disposed of his splendid herd
of Guernseys. Many of the animals in the
sale had won prizes at the leading fairs of the
country and were therefore not unknown to
most of the breeders who travelled long dis
tances to attend the sale. Included in the sale
were the following:
Nine COWS brought $2,73O, an average of
$30333 per head The highest priced cow went
to Mr.. r. ]. Walden for S775. Others brought
from 500 to $3.50.
Two bulls averaged $175 each.
Two bull calves under 81 months, average
$50 each.
Five heifers, not bred over one year. average
$1SS.
Five heifer calves. average 1924 each.
The sale amounted to nearly 5000, or within
few dollars of what Mr.. Merryman estimated
it would.
Among the purchasers were Mr.. N. J.
Rohrer, Lancaster, Pa. Mr.. ]. V. i. Findlay,
Howard county, Md; Mr.. ]. E. Richardson
and Mr.. Frank Primrose, both of Catonsville,
Md; Messrs A. W. and F. E. Fox, Waukesha,
Mr.. r. j. Walden, Middleburg Nd; Mr..
Fred. Phillips, Villa Nova, Pa. Princess Anne
Academy, Princess Anne, Md. Messrs. H.
Carroll Brown, George Brown and George w.
Ewing, all of Brooklandville, Md; Katonah
Wood Farm, Katonah, N. Y.
Inc SAFE LOOk ploCo III q ldI &c tcut cIoVIcu vi
the lawn and was conducted by Mr.. Casey,
who makes specially of such auctions. An
apetizing luncheon was provided for every
body who attended the sale.
More Mysterious Fires.-The barn on the
farm of Mr.. George Chilcoat, near Mantua
Mills, caught fire about o'clock last Sunday
morning and was entirely destroyed, together
with lot of provender, grain, harness, a bin
der and implements. Five horses, 40 sheep
and Is lambs persisted in the flames. The loss
is estimated at $500, partly covered by insur.
apce The fire was first discovered by the 10
vearold son of Mr.. Lewis G. Chilcoat. A few
of the neighbors arrived soon after the alarm
was given, but the blaze had made such head
wav that it was not possible to save anything.
The sheep were housed on Saturday night for
the first time this spring.
A barrack, containing % tons Of hay, on
the farm of Mrs. Mollie G.. Gill, at Dover was
destroyed by fire on Monday morning about
$50 o'clock. The origin of the fire is not
known. The contents belonged to the tenant,
Mr.. William Shroyer. There is partial in
surance on the barrack and contents. The loss
is said to be about 500.
Will Graduate as Nurses.-Six graduate
nurses will receive their diplomas at the gradu-
ating exercises of the Sheppard and Enoch
Pratt Hospital School for Nurses on Thursday
afternoon, May 9th. They will be conferred
by DR.. Charles II. Riley, vice president OF the
board of trustees Of the hospital, and DR..
John B. Chaplin, superintendent Of the Penn
svlyania Hospital for the Insane, will address
the graduates, who will be presented by DR..
Edward N. Brush, physician.in chief and
superintendent of the hospital. The graduates