The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1913-06-27
TOWN Wins CASE.
COURT ORDERS AN ACCOUNTING FOR
3 TEARS-TOEE ENTITLED
TO OEE-HALF OF FULL
LEVY FOB ROAD
PURPOSES.

Abht VZLgs
Judges Thomas and ForsyIhe, on the
return Of the former from the Court
Of Appeals on Thursday evening. filed
their opinion and decree In the Equity
cause Of the Mayor and Common Coun-
ell OF Westminster IS. the County
Commissioners Of Carroll county. This
suit was instituted March 1st, 1912,
b the filing Of the bill OF complaint by
Guy W. Steele. Esq. attorney for the
plaintiff. for an account and payment
Of one=half the tax annually levied and
collected by the County Commission
eTs fer road purposes. from 1890 to
1911, on the aaBessabIe property With
IN the limits Of the city OF WestmIns-
ter Charles T. Fink. Esq. represent
ID the defendants.
The act OF 1890. CHI sos provides:
THAT Il shall be Ize dnIy OF the
county commissioners of Carroll eoun-
! TO pay annually 70 the Mayor and
Common Council Of Westminster.
one-half Of the amount OF taxes levied
and collected annually By said county
commissioners for road purposes. up
On the asBesaable property liable for
taxation within the limits Of the city
Of Westminster. To be appropriated
and used by The Mayor and Common
Council Of Westminster for the repair.
maintenance md Improvement OF the
streets md roads within the limits OF
the city
From the ley of 1890 the defend
ante paid the plaintiff the sum Of
$4,000. and annually since then Haa
uaid The same zum except for the InYy
81 1871 The bill Of complaint al
lsEas that the RHHeaHable property
n the sIty Of Westminster increased
during these Yeara. and alan that the
II levied from year 10 Year
Varied. sometimes being ~ lo1 as
- cents and sometimes - high ~
twelve cents. and consequently Ihe
Portion duo annually % the Mayor and
Common Council muaI also have far-
II and 10 have annually been in ax-
esas o. The I'm OF $4,000 The bill
further alleges that upon discovering
n the month 81 December I'll OF he
varying amounts OF he road tax he
plaintiff At oH9e made demand upon
he defendants for ~ accounting Tor
tHs previous years and payment = +,
q The amount found due. and also
demanded payment 81 the ane-haII Of
The taEsH Tor tie lev Of iaIIs but tho
defendants refused % make anY &C
counting or payment Of an amount
q monH1 collected b them preceding
he leYY Of 1911
The defendants denied M lndsbt-
saneaa = the plaintiff. and also plead
II the Statute Limitations The ana-
Her charges hat he plaintiff as
guilty d lachez in nj making earlier
demand. 10 thH great prejudice OF ne
defendants because the defendants
cannot now b put IN Glaiuoquo. al
tie moneys received and collected Tor
Haad tazsa IN each Y.ar having ben
fully expended upon lhs public roada
q the county. IN fac n greater I'm
having been expended each Year than
- collected Tor The purpose: md
he defendants have not now md
Fever have I'D an surplus money
- hand from IazeH received and col
laated fof road purposes. nd would
HHze n power under tho IL to 10y
anew fof anY alleged claim Of he
plaintiff
The Court n it opinion deeIdea
tint there wa nothing in he AeI Of
10 which authorized the county
commissioners 70 make any reduction
from ths one=half Of the Ia directed
l. be paid To he cItY Of Westminster
for bridges OF anything else. and that
II this Kaa done as testified 70 by st
nsHses or the plaintiff and not denied
= the defendants. then clearly there
ssa mIaapnIIeauon Of thai pArI ol
IIe tar not however : culnable ma
application. fer IL Is asserted and not
denied That Il waH used Tor other
county purposes. Nevertheless Il Haa
miaannlicatIan. In that. not all Of
IL citY.z half of tn taxes was p
piled n directed b. the Statute
The Court further decided thai n
lhe hall Of the tar levied each Ysar
rs payable annually. and the d.
PENDANTS paid each Year about Nay
1t. $4,000 as he plaintiffs half OF he
Iazes levied tie previous Fear. The
Statute of Limitations began TO run
n to any additional amount Of taxes
due from levieH and collections OF he
previous year from the date OF such
payments. and that the defendants
HI9niu - TNHn#I8I u 8EAbHMA fuf u4E=
half OF al the taxes levied and collect
II by them. and which. under The pro-
visions of said act Of 1890. and. ac-
eordlng 10 the practice adopted By the
plaintiff and defendants. were payable
Within three years prior 10 the bring
ing OF this suit
The decree Of the Court Il as fol-
loHs:--
Il Is therefore this eth daY Of June.
lgIa, By the Circuit Court for Carroll
county. citing - Court Of Equity.
adIndged and ordered thai the de-
PENDANTS account 10 the plaintiff Tor
one-half Of all taxes collected by them
which we're levied b. them for road
purposes upon the aasessable prop
erIy liable for taxation within he
limits Of the city OF Westminster IN
ne year 1908 and each year thereafter
Except the year 1911. which the proof
shows has been paid. allowing the
defendants credit for tne'amonnts paid
b them to the plaintiff on account of
said taxes. And this cause Il hereby
referred TO the Auditor for the pur-
pose of stating the account. from the
pIeadlngs and proof IN the cause. and
such other proof as may be produced
before him By either Of the parties.
after giving the usual notice
.z.As-@