Catoctin clarion. [volume] (Mechanicstown, Md.) 1871-1940, 1909-09-16
THURSDAY, SEPTEMBER 16, 1909.
COURT DISSOLVES INJUNCTION.
Middletown Savings Bank Puts Down
Its Pavement After Night. More
Trouble Likely To Ensue.

Its Pavement After Night. More
Trouble Likely To Ensue.
The Burgess and Commissioners OF
Middletown, this county, sought and
procured an injunction restraining
the Middletown Savings Bank from
disregarding the grade given and es-
tablished by them for its pavement
in front of the bank building which
is being erected. The matter was
heard before Judge Motter. On Sat
urday last Judge Motter handed down
an opinion in which he dissolved the
Injunction and dismissed the. bill OF
complaint. Previous to the decision
of the court, the Burgess and Com
missioners of Middletown proceeded
to have the grade of the sidewalk and
streets at this particular point where
the bank is engaged in building, laid
out and surveyed and an ordinance
passed fixing and establishing this
grade, which was identical with the
action previously taken by the Board
of Commissioners, excepting that this
grade was established by a special or
dinance and the other was by a gen
eral ordinance covering the whole
town.
The question, as thrcshed out be-
fore the court, was on the point
as to the method of procedure to he
taken by corporation in laying out,
fixing and determining the grades OF
the streets and sidewalks. The con-
tcntion of the Burgess and Commits
sioners was that They had done every
thing that was required to be done in
a proper manner in designating the
grade so given. The contention OF
the attorneys of the Bank was that
they should establish this grade by n
special ordinance and not otherwise.
The court took the latter view and
the town authorities, for the sake OF
avoiding further litigation, adopted
this plan of fixing this particular
grade. 1t was assumed by the attor-
ncys for the parties litigant that this
practically ended the matter, but it
seems it did not.
According to reports, the Mlddle-
town Savings Bank got busy about ,
O'Clock Monday morning with its
force of workmcn, and Immediately
proceeded to put down its pavement
and sidewalk along the lines original
ly laid out by itself, and when the
natives of that good town awokc they
found the pavement had been COM
pletcd but not according to the ordi-
nance establishing the grade. 1t now
seems that the town of Middletown
and the Mddletown Savings Bank
will get into a fight in dead earnest.
1t would seem that the Bank did not
consider that they had very much lc-
gal right to do what. 1T did, otherwise
it would not have taken the wee small
hours to have done so. The outcome
will be watched with much interest
by Others than those engaged III the
combat
There are quite a number of con-
flicting authorities with reference to
the mode and manner ilr which mu-
inequalities shall deal with their street
and pavement questions, but all au-
thorities agree that every municipal
ity has a right to govern and regulate
by proper ordinances, the making of
sidewalks and the grading of the
streets in the town. 1t seems that
this particular sidewalk was in the
oldest part of the town and where
perchance at one time it was nothing
more than a COW path, and this new
pavement being the evolution of a
good many ages. 1t is doubtless such
things that make difficulties where
people are disposed to question the
rights of municipality.
Thurmont is in need of grade lines
which should be established and
should be plated where everyone who
intends to build can go to the town
authorities and receive their proper
grade. Most towns like Middletown,
Thurmont and other places have had
their grades laid out with "a couple
hooppoles and a grape vine, " and this
all generally done when a man want
ed the grade made before his proper
ty. This same question may con-
front the Burgess and Commissioners
of Thurmont, and they certainly
should take some steps toward avert
ing any such trouble that NAV arise