Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-12-16
Embraces Subject Not Included in
Title of Bill.
Circuit Court for Montgomery Coun-
ty Hands Down Decision-Ex-
presses Regret for Findings.
Special Correspondence Of The Star.


Is null and void.
OF numerous objection urged only two
were sustained, namely. that the act en-
braces a subject distinct from that de-
scribed in it's title, and that the exemp-
ton Of a portion Of the village from
municipal taxation is in violation Of
article Is, bill Of rights. requiring that
every person shall contribute his proper
ton OF public taxes for the support Of
the government according to his actual
worth in real and personal property. In
the opinion of the court the elimination
Of the invalid provisions Is SO destruc-
tive Of the acts evident general purpose
as to render it void In its entirety.
Courts Unanimous Opinion.
The opinion was written by Chief Judge
Hammond Crner and concurred in by
both associate judges. 1t was rendered
in the case of Mrs. Anna G. Mactier, an
owner of property in Chevy Chase,
against William T. S. Curtis. president,
and George w. f. Swartzell, Adolph A.
Hoehling, jr, Vernon Z. Hodges and
John L. Weaver. composing the board OF
trustees Of Chevy Chase.
Mrs. Mactier brought suit for the bene-
fit Of herself and other taxpayers SIM
ilarly situated, who contributed to the
cost, and sought to restrain the board
Of trustees from levying and collecting
taxes upon the theory that the act Of in
corporation is unconstitutional and void.
The case was argued before Chief Judge
Urner and Associate Judges Henderson
ted on bill and answer.
Charles c. Tucker and Charles l.
Fraley Of Washington and Robert b.
Peter of Rockville represented Mrs. Mac
- ,ohi ton, II
Alby Henderson and John A. Garrett OF
Rockville appeared for the trustees.
The act of incorporation Is entitled An
act to incorporate the village OF Chevy
Chase" Under that tit there were
enactments providing for special ievies by
the county commissioners Of Montgom-
cry county. upon application of a Ger.
tain number of residents of defined area
in the village; the payment Of the pro-
ceeds to an association Independent OF
the municipal trustees, and the further
payment to the trustees OF the road taA
realized by the county from the area In
question.
Subject Not Included in Title.
TT is perfectly clear" says the de-
cision. that these provisions are not
embodied within the description of the
subject Of the act contained in its title
The statement of its purpose, as being
merely to incorporate the village OF
Chevy Chase cannot by any construction
be held sufficient to include legislation
which contemplates action by entirely
separate agencies, and which might have
been effectually enacted without the In
corporation of the municipality.
ut certainly requires no argument to
demonstrate that the levying and appro-
priation Of taxes by county commission
ers, in the manner indicated. Is 3 diner-
ent subject from the Incorporation OF a
village. The act manifestly undertakes to
legislate upon two wholly distinct sub
jects under title by which only one OF
those subjects is described.
Even if the title had fully indicated
both Of the matters proposed to be COW
cred by the act, the situation would NOT
have been improved. because this would.
nevertheless, have been in obvious VIOLA
ton of section % of article OF the state
constitution, which provides that every
law enacted by the general assembly
shall embrace but one subject and that
shall be described in its title
1.-The act not only embraces more than
one subject. but even if they could both
be validity included they could not be held
to be sufficiently described in the title.
"Our conclusion. therefore, is that the
provisions of the act relating to the levy
ing OF taxes by the county commissioners
and the payment of the proceeds to the
Independent association are invalid
Tax Exemption Discussed.
Upon the question OF the exemption OF
q portion Of the village from municipal
taxation the decision says:
IF the exemption from taxation OF the
area in question can be upheld at all. it
must be on the ground that while the
residents Of that portion of the village
are relieved of the burden they may also
be deprived Of q considerable part Of the
benefits Of the municipal administration
to this aspect Of the case. but We have
been unable to conclude that the exemp-
ton can be sustained.
THE Inhabitants of the exempted ter
vantages designated. but the municipal
authorities are simply relieved of the OBJ
legation to make expenditures for i'm
provements. police protection and public
services in that section. The municipal
ordinances for the preservation of peace
and order. the promotion OF health. the
abatement Of nufsances. the suppression
of vice and other salutary purposes would
be equally operative throughout the ex-
tent of the corporate area.
"All the citizens. il otherwise quail
fed. are entitled to the rights OF mu-
nicipal suffrage, regardless OF any dis
elimination on account of residence
within the part OF the village exempted
ITOI ldAdllOn IL tudl ScctlOn SuOulu
become sufficiently populous. its resi-
dents might control the municipal gov
eminent.
In view Of this active participation
in the corporate affairs and Of the
general corporate benefits to which the
OF the locality in question
are entitled, We should not feel justi-
fed in holding valid their total and
perpetual exemption from municipal
taxation merely because OF the pro-
vision authorizing, though not reQuir-
ing, the Withholding OF any specific
for public purposes in
that quarter Of the village.
1.-The decision we have reached"
concludes the opinion, lis one to
which we have come with reluctance.
II would have been a much more agree |
able duty to have sustained the act
and to have thus enabled the munich |
pality for which II provided to pro- |
coed with the administration upon
which it has just entered; but we must
apply the law to the case as we nno
il. and leave to the legislature and 1
the citizens Of Chevy Chase the correc-
ton of the vital DEFICIENCIES IN the pres"
ant nlan by a new incorporation"
The decision restraints the president
and board Of trustees of Chevy Chase
from assessing or causing 10 De as
sessed for taxation any property OF
the plaintiff in the village OF Chevy
Chase and from levying and collecting /
taxes on account Of such property.
Curtis Blames Tinkerers.
william T. s. Curtis. president OF the
trustees Of Chevy Chase, Is reluctant to