Evening capital and Maryland gazette. (Annapolis, Md.) 1910-1922, 1918-08-15
Mr. MELVIN AGREES
IN OPINION OF
7. SCOTT OFFUT
o..,,sellor To Anne Arundel
ro~rissiouers Says They, AS
BOARD. Cannot Appeal
yrTs ANNEXATION PLAN
or PRESIDENT WALTON
Farther Question Being Discuss
ID Is Whether Commission
ers Could Pay For Suit

,.s-.rg Melvin, counsellor to the
trrudel County Commissioners.
sIs6 with the local Board an opin-
rron the proposed fight against
.rceDtsuce of the unanimous rul-
-of fbe Maryland Court of Appeals,
,es annexation law case. and the
San recently launched to carry the
into the Federal Courts. Mr.
v.rr.1 agrees IN toto with the opinion
o., T Scott Onut, recently given the
r,-mfssjouers of Baltimore county,
tbe effect that the Commissioners,
OIL. ucb. have no power to proceed
l...ber with the effort to get a SUI
.-sne Court ruling on the constitu-
.spality of the Act.
Vie Dojuts out that among the ways
fs case could be carried to the Su-
r-ame Court would be through the
af of private citizen nonresident
wuaryland. and this point has raised
tss question as TO whether the County
commissioners could legally partici-
nate In such suit by helping defray
hs expenses thereof In well-inform-
"a circles il is understood that any
r1fh effort on the part of the Com
~lggioners would in all probability
be met with an injunction suit filed
v some Anne Arundel taxpayer to re-
strain the use OF the taxpayers funds
Tor such @ purpose.
Mr. Melyin's opinion upon the case
rs follows:
elm connection with the question of
rrasenHng the annexation case to the
Supreme Court OF the United States,
'eel constrained to place myself on
record as to the legal rights of your
Honorable Board in this matter
There is no doubt, i'm my opinion,
that the Board of County Commission
ers Of Anne Arundel County, as a body
corporate. is absolutely bound by the
Court OF Appeals decision that the an
ne1aton act is constitutional. The
legislature of the State has full and
p.enary powers to enact such a law,
unless limited by some provisions of
he constitution of the State, The
question as TO whether or not there
is this limitation in the State consti-
tuition, so as to require a referendum,
was sQuarely presented to the Court
Of Appeals. The Court has decided
that question and its decision is final
and conclusive, so far as your Hon
onble Board is concerned. Therefore,
st would be out of order for the Board
to direct an appeal from this decision.
The only way in which the case
could be presented TO the Supreme
Court OF the United States would be
proceeding wherein the right of
some Individual. as distinguished from
municipal corporation of the State,
involved, on the theory that the
nights and privileges guaranteed, to
l.4 by the Fourteenth Amendment to
Ae Constitution Of the United States
-aa been violated by this annexation
ael Or case wherein one of the
.''oeTs of The bonds of this county,
oe'0g a nonresident of Maryland.
should invoke the Intervention of the
'e'aral Court on the theory that the
security ON the faith of which the
.'"as wore issued, has been taken
-'"E without due process of law and
- violation of the rights guaranteed
ny ,Ae Federal Constitution.
therefore, I respectfully advise that
-.9 ''T.her Court proceedings in con-
-.,.'.N with The annexation case can
-oe within The law. be undertaken by
''lr Honorable Board"