Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1910-09-30
Fare Hearing Set.

| ""SeoH anu NOShNlHc halfway OOH
pany against the States Attorney anc
Sheriff of Montgomery county has been sci
for hearing October 10 before Judge Rose
in the United States Court, Baltimore.
The demurrer was filed July 2 last by
Blair Lee and George H. Lamar, attorneys
for States Attorney Bowie F. Waters and
Sheriff Vim. Edward Welt, of MONTGOMERY
county.
The demurrer sets forth that the suit is
not one over which this court has jurisdic-
ton. because the issues presented by the
bill and the amended bill of complaint
do not arise between the compliments and
the defendants and do not concern them,
but arise. if at all, between the complain
ant and the State of Maryland, which has
not consented to be sued and cannot be
without its consent, and therefore has not
and cannot properly be made a party
thereto.
THAT the amended bill does not allege,
and neither the statute of the State of
Maryland sought to be invalidated nor the
constitution and the laws of the State of
Maryland contemplate or require that these
defendants, or either of them, will take any
action prior to the final adjudication of any
issues which may arise prior to final jude-
ment.
That it appears from said amended bill
of complaint that the maximum rates pre-
scribed by the statutes sought to be in
validated do not exceed in any particular
the rates heretofore fixed and in operation
by the complainant at the time the statute
was passed and when the suit was filed,
over one of the sections or fare zones of
its railway; and that in effect the COM
plainant seeks the aid of this equity court
in perpetuating system of discrimina-
tons against persons and places, apparent
upon the face of the amended complaint
and exhibits thereto, in direct violation of
the general law. as well as the special law
of Maryland in force at the time of the
filing of said amended complaint.
That the amended bill of complaint sets
forth an alleged state of facts which con-
stituted a conclusive presumption that there
has been large depreciation in the value
of the compliments property, the ascer-
tainment of which is necessary to the de-
termination of the essential question of
valuation involved in this cause but the
amended bill utterly fails to contain any
averment in respect to the extent of said
depreciation, which such averment is a
necessary prerequisite to the maintenance
of the suit under the theory of complain
ants bill.
That the amended bill of complaint
fails to contain detailed statement of
receipts and expenditures, as are essential
to the affirmative showing necessary to be
made by the complainant as a condition
precedent TO the relief claimed.
That it appears on the face of the said
amended bill and the exhibits thereto that
the complainant is not entitled to the re-
lief craved"
The demurrer concludes by asking that
the bill of complaint be dismissed.
May 81 last Judge Rose granted a tenn
pOrary injunction restraining until further
order of court Waters and others from in
shutting and prosecuting any action suit
or other proceeding before any justice of
the peace in Montgomery county or other
tribunal whatsoever against the complain
ant or any of its servants or agents for
failure of the complainant to sell monthly
communication tickets or monthly communal
ton school tickets. as required in Section
2 of an Act of the General Assembly of
Maryland and also restraining until further
order of the court VIM. Edward Welt, sheriff
of Montgomery county, and agents and
representatives from collecting or attempt
ing to collect any fine or fines which may
be imposed upon the complainant for its
failure to sell monthly Communication tickets
or monthly Communication school tickets in
the manner provided by the law of 1910"
The attorneys for the railroad company
are George r. Gather, Leon E. Greenbaum
and J. J. Darlington.