Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1915-01-22
Commissions Wins Its Salary Claim.
Baltimore News of Friday.

| DdltlnOre news OF friday.
The Public Service Commission and the
idea of higher salaries for State official.
won victory at Annapolis today when the
Court of Appeals handed down an opinion
affirming the order of Judge Dobler, which
directed James F. Thrift, City Comptroller
to pay that portion of the salaries of the
members of the Commission which the
Legislature provided that it should pay.
The case was fought out in the Courts
by William Cabel Bruce, general counsel
for the Commission, and City Solicitor S.
5. Field, who advised Mr. Thrift last June
to refuse longer to pay the money, the city
having paid it up to that time. Incidental
to the case, but no less important, is the
salaries of the members of the State Tax
Commission and the members of the State
Industrial Accident Commission, for the
payment Of a portion of which there is a
provision similar to that relating TO the
Public Service Commission.
The law creating the Public Service
Commission was the first act of the Legis-
lature since the adoption of the Constitu-
ton of 1857 which provided for a public
official salary in excess of $1,000 The
act provided that the State should pay
each OF the members of the Public Service
Commission $4,000 a year and that the
city should pay the chairman $4,000 addi-
tional and the other two members $4,000
year additional In like manner provis-
ion was also made for the payment of the
excess of the salary Of the general coun-
sci over $4,000 year
When the last Legislature was passing
IN prao 70
and the Industrial Accident Commission
the same question of salaries came up,
and was disposed of as it had been in the
public service act. Both of these commits
sions were provided salaries in excess of
$4,000 year. which sum up to that time
had been accepted as the Constitutional
limit OF what the State should pay as sal
airy for an official whose place was created
by the Legislature.
When in June last the members of the
State Tax Commission, after having sworn
in as State officials, went to the City Hall
to swear in as city officials also, Mayor
Preston declined to swear them in and
raised a question as to whether the Legis-
lature had the power to require the city to
pay part of the salaries. The same action |
was taken by him later in regard to the !
Accident Commission. City Solicitor Field |
was asked for an opinion and he adj |
vised Mr.. Thrift not to pay the salaries. The |
case was then taken into court by Mr.. |
Bruce, acting as counsel for Philip d. Laird, |
then chairman of the Public Service Com |
mission, on a petition for writ of mandam-
us to compel the payment of the money. |
Judge Dobler sustained the position of Mr.. |
Bruce.
The opinion, which was written by Judge
Burke, is long and discusses all the points
raised. Much space is given to Section |
of Article IS of the Constitution, which
sets what has been accepted as the limit
of $4,000 for State officials. Judge Burke
says that in substance this limit was
meant to apply to fee officers, and IL IL set
any limit as to the other officers il would
be by implication only.
Further he said il was not the intention
of the Legislature to make the members of
the Public Service Commission municipal
officers, and therefore they could not be
considered as holding two offices. city and
State. The Legislature, he says, has large
powers over municipal corporations, and
has the und0ubted right to direct the ex-
penditure Of money for public purposes,
and the Legislature in providing that part
OF the salaries Of members of the Public
Service Commission should be paid by the
city took into consideration the special
claims that the city would have on the
services of the Commission.
There was, the opinion says, no defect
in the title Of the act creating the Com
mission, which was claimed by Mr. Field.