The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1910-10-01
COUNTY HELD NOT LIABLE FOR DAMAGES

to give the Governor the power to
choose the roads, say how they were
to be improved and determine who
should get the contracts The local
act was not in conflict with the Shoe
maker Act The County Commits
sioners could impr ove roads or not, at
their discretion land, if their negli-
gence caused injury, they were liable,
and Mr.. Marbury's Interpretation of
the act could not properly be accepted.
Mr.. Marbury replied that the Shoe
maker Act by its terms took control
of roads, improved under its provi-
sions, as to design and construction,
from the County Commissioners. They
could accept State aid, but had no say
as to how the work was to be done.
But even il they had control of the
work. they could not provide for its
every needed detail. If the Act of
1908 left control in the hands of the
County Commissioners, they were liza
bic, but il control passed to the new
board of seven members, they were
not liable. TIE power of the new
board was plenary over road work, its
character and cost. 100000 of the
PSDP4N llloINy was put III lllC iCW
boards control, and it was now sought
to hold the people responsible for
the boards negligence, or rather
for the negligence OF the Cover
nor's personal representatives on the
board.
After the recess the Court granted
the prayer, Chief Judge Pearce stat
ing the Courts views. There was no
common law liability The liability is
inferred or arises from the Commits
sioners' having control OF the roads
In the Wilson case it was shown that
control had passed from the County
Commissioners and with control liabil-
ity passed. There was some confus-
ion as to whether the road figuring in
the case had been built under the
Shoemaker act or the act of 1908. If
under the Shoemaker act, there was
no liability OF the County Commis-
sioners The Commissioners may
proceed under the terms of the Shoe
maker act or not, but if they do so
elect, the work is under the control
OF the Highways Division OF the State
Geological Survey. But whether the
road was built under the Shoemaker
law or both laws its execution was
under the former act But if done en-
tirely under the act OF 1908, there
would be no liability of the County
Commissioners. The act requires that
whatever is done under its provisions
be done in joint session, where the
four members of the Auxiliary Com
mission would constitute majority,
passing upon the work to be done, its
character and the letting OF contracts.
They have not only the power but
the authority. The findings in the
Wilson case fitted the present case.
The plaintiff apparently was without
remedy, as others might seem to be
in similar cases But remedy would
be found in an injunction laid upon
the parties in charge of the work
The Court instructed the jury to find
for the defendant and, as the verdict
was about to be recorded the plain
tlff's counsel had him called, and he
not answering Mr. Warburton entered
a non pros. The suit has since been
renewed
During the recess Court heard the
petition of Jesse Mace OF Rising Sun,
| on a writ OF habeas corpus procured
by his counsel, Joshua Clayton Esq,
for release from the House OF Correc-
| ton, which was ordered, as the COM
mitment OF Justice Taylor was defec-
tive in styling petitioner a "drunkard"
and not "habitual drunkard"
State VS.. James Hall, colored,
charged with assault to murder Aman-
dus Darby, near Cecilton, on March
10, when Mr.. Darby ordered Hall off
the farm on which he is tenant, as
Hall was cutting down a tree and the
latter emptied a revolver and the for
| mer his shot gun i'll mutual fusilade,
was tried before the Court. Halls
counsel, ]. Wilson Squer, Esq, en-
tered plea OF not guilty on the
ground OF insanity at the time of the
oifense and at the present time. Hall
was so adjudgcd, after making an in
coherent and rambling statement on
the stand.
State VS.. Spencer James, colored,
charged with breaking into w. B.
WaltOn's store at Iron Hill. on Au-
gust Is, larceny OF $2643 worth of the
stock, flour, meat, canned goods, sy-
rup, two blankets and other articles
and also receiving the goods stolen,
was put on trial before jury. F. B.
Evans, Esq, appeared for James and
asked that the State be put on its
election as to which of the three
counts it would press, but the Court
would not so direct Mr.. Walton tes-
tilted as to learning of the robbery the
next morning, tracing the tracks of
the horse and wagon stolen by the
robber to Cashos woods and later
the goods to James house on the New
London road in Newark. His bro
ther, Edward Walton, also told of the
search for the team and plunder
James defense was that he bought the
goods from negro named John
Jones or Brookins, claiming to be q
commissary for B. & o. railroad
hands on Forman Cages section Cage
said he never knew or heard of Brook
ins, but James father-in-law, Bayard
Boyle, swore he knew Brookins
TUESDAY.
State vs. James was given to the
jury late in the afternoon. the Court
advising them. at Mr.. Evans sugges-
ton that lanes WAS not hle IN