Middletown transcript. [volume] (Middletown, Del.) 1868-current, 1918-06-08
ANNAPOLIS news
Annexation Act Void.


for Baltimore county, decided that the
Annexation act, passed by the las,
Legislature, is unconstitutional be-
caIse it does not give a referendum
upon annexation to the people in the
sections annexed to the city. Judge
Duncan, also sitting in the Baltimore
county court, handed down similar
apinion in another case.
The question now will 60 to the
Court of Appeals. 1t is probable tina,
the two cases will be consolidated as
10 argument in the Appellate Court
City Solicitor Field, who has been
asked to join counsel for the plaintiffs
in the argument before the higher
court. said Yesterday that he would
ask to have arguments heard on June
20. when the Court of Appeals will
meet to hand down decisions in cases
heard in the April term.
Mr.. Field was not at all concerned
by the decisions of Judges McLane
and Duncan, saying that the points
raised in their opinions had been
thrashed out before the Legislature
and that he was confident the Court
OF Appeals would adhere to its de-
cision in the DAILY and Morgan case,
in which the court said that the Leg
islature has power to extend the linn
its of Baltimore City without a refer
endum.
Judge McLane's decision was given
in the action brought by John F. Nc
Gray, who lives in the new annex, to
compel N. Bosley Merryman, treas
urer of Baltimore county, to collect
taxes upon McGraw's property for
only the eight months running from
May !, 1918. to January l. 1919, when
under the Annexation act the terri
tory named in that act becomes part
of Baltimore City. Treasurer Merry
mans tax bills for residents OF the
new annex were made cut for the year
from May last to May l, 1919. the
county authorities refusing to recog-
nize the Annexation act as valid.
Judge Duncan's decision was in the
action brought by Alice c. Eyler to
restrain the county authorities from
collecting taxes from him for the con-
struction of sewerage plant in the
Arlington district Eyler contended
that as that district would become
part of the city January l. and would
be linked with the city's sewerage
system, the county authorities had no
right to proceed with plans for sep
arate local system and to collect taxes
to def:ay the costs thereof
Judge A.cLane's opinion was quite
exhaustive. He discussed at length
the various phases of the question
whether a referendum is required BY
the Constitution. going back to the
provisions bearing upon the boundary
lines between the City and Baltimore
County in the Constitutions of 1851
and 1864, as well as those in the pres
ent Constitution, which was adopted
in 1867.
In substance. he holds that the pro-
vision of the Constitution. that the
lines between counties may not be
changed without the consent of the
people residing in the territory to be
applies to changing the lines
between Baltimore City and Baltimore
County. He also held that the An.
nexation act changes the lines be-
tween Baltimore and Anne Arundel
county. in as much Baltimore inter-
venes between the city and the portion
of Anne Arundel county annexed. Bal
timore county having practically the
northern side OF the Patapsco River.
Judge McLane stated also that annexa-
ton of territory to the city without
while there is provision
against annexation Of one county's
territory to another county without a
amounts to a denial IL
the former case of the equal rights
under the law. guaranteed by the Fed
eral Constitution.
AS to the DAILY and Morgan decision
of the Court of Appeals, which. as
stated. held that the city's limits could
be extended without a referendum.
Judge McLane said that while the Con-
sttu.ion makes the decision of the
Court Of Appeals final and conclusive.
and binding upon lower courts. IF
the point involved was in fact in the
case decided or a necessary incident
to the judgment arrived at" the high
er courts decision "can have no bind
ing force, whatever persuasive force
it may have as a matter OF reasoning
or logic" if the court has gone outside
of the record of the case before it.
Concluding his opinion, Judge Nc
Lane said:
"Reing convinced that the fair and
construction Of Article 13.
Section I, is to follow the rule of inter-
probation Code. Article l. Section Is
and construe the word county as
there used. to include the city Of Bal
timore';; that the dicta used by the
Court in g. Maryland, DAILY versus
Morgan. do not control the case as
here presented, and that the construc
lion contended for by the petitioner
II allowed. would violate the equal
rights clauses of the Federal COnsti-
tuition. will not further extend this
opinion by discussing the various 9TH
er objections advanced by the res
pendent against the constitutionality
Of Chapter 80. of the Acts Of 1918 For
the reasons stated. l am of the opinion
that said act is in violation Of the