Democratic messenger. [volume] (Snow Hill, Md.) 1869-1973, 1913-05-31
THE COURTS
WILL DECIDE
Whether Or Not J. Samuel Price
Has Vacated The Office
OF Election Supervisor

The Courts will have to decide wheth-
er or not j. Samuel Price is to be sup
planted as Supervisor OF Election by
John II. Truitt Several weeks ago
Governor Godsborough wrote to Mr..
Price. who is the President Of the Board
Of Election Supervisors Of Worcester
County. and Democrat. and said i, had
been brought to his attention that Mr..
Price was holding the Office Of City
Councilman of Snow Hill and Supervisor
of Election at the same time. which the
Governor claimed was violation Of the
laws. Mr.. Price and his friends did not
think il violation. but he Immediately
resigned the office of City Councilman.
and notified the Governor After that
several letters passed between them,
Mr.. GoldsbOrough still calling for Mr..
Prices resignation and Mr.. Price very
politely declining to resign. On Satur-
day climax was reached when the
Governor sent to the Clerk of the Court
Of this Countya commission naming Mr..
Truitt Supervisor. On Monday Mr..
Prices attorneys. Messrs. John II.
Handy. Upshur & Upshur and John w.
Station, filed bill for an injunction pro-
hibting the Clerk of the Court from
swearing in Mr.. Truitt as Supervisor.
and a preliminary injunction was issued
and the merits of the case will be heard
IN a regular way by the Court
Mr. Price was elected to the City
Council Of Snow Hill two years ago
hill
The pay of a City Councilman is sis a
year. but this muniiicent salary does
not cut any figure in the questions
which have to be determined by the
Courts. The principal point involved is
one that has been bothering the Attor-
ney General ana which caused him to
hesitate long while before giving an
opinion. Eminent counsel here think
both the Governor and the Attorney
General are wrong.
When Senator John T. Moore was
Mayor of Snow Hill he was member
Of the MARYLAND Senate and the ques-
ton of his holding two Offices of profit
under the Constitution or laws OF the
State was brought up and Senator
Moore was considering resigning the
Mayoralty when the Hon. Isadore Ray.
ner advised him not to do so. making
the emphatic statement that he was not
holding. as Mayor of Snow Hill. an office
within the meaning of Section 80 of the
Bill of Rights.
In the following statement of Attor-
ney- General Poe, he does not seem very
sure of his premises, and no doubt de-
sires to see the Courts settle the points
involved. He says:
"The point that has given me some
concern is whether or not membership
in the Town Council of Snow Hill is an
office created by the Constitution or laws
of the State within the purview of Ar
ticle 30 of the Declaration of Rights
Ii is certainly in one sense an office ere
ated by the laws of the State. inasmuch
as the charter of Snow Hill. whereby
the office is created. was granted by
the Legislature.
If it should be decided
that a member of the Town Council of
Snow Hill is not legally bound to take
the oath prescribed by said Section s
then Mr.. Price is still a supervisor of
election of Worcester County My own
opinion is that a member of the law
making body of municipality is legally
bound to take the constitutional oath.
Mr.. Price does not consider he has
vacated his Office as Supervisor and he
will continue to act as such until the
Courts decide the status of his eiigibill-
~.