Middletown transcript., 1918-05-18
S TAT E
CAPITAL
City Asking For Early Decision.

Annapolis
AS the suit entered by A. c. Eyle
in the Circuit Court of Baltimore
county involves all of the various
points raised by the opponents o
annexation, it is hoped that the case
will be pushed to the Court Of Appeals
as soon as possible, so that a decision
will be had early in the fall or before
the city begins on next years levy.
Judge Duncan's decision Is looked
for from day to day and whatever
this may be, it will be appealed by
the loser. The taxpayers residing in
the section affected should know theil
status without unnecessary delay
especially since the county authorities
are not making any needed improve
ments, pending final decision.
The Eyler suit is against the meas
ure and County Commissioners. He
asks for an Injunction to prevent the
Treasurer from collecting an assess
ment of SITS upon his property in
Arlington, as his share Of the ex-
pense of sewerage system which
the State Board of Health has or
dered the commissioners to intsall
and put in operation in Arlington
and vicinity.
The bill states that the State Board
of Health had passed the order on
October %. 1914, that although the
assessments had been made no work
has been done toward the construc-
ton of the sewerage system, nor will
any be done at least for Is months.
BY the act extending the limits OF
Baltimore City, the entire Arlington
district will be brought in and then
the power and duty of the County
Commissioners with reference to
building the sewerage system will
cease Inasmuch as the county will
not build the system, Mr.. Eyler asks
an injunction to preverN the treasurer
from collecting the assessment made
against his property, as his share OF
the cost of the work which will never
be done.
The answer of the treasurer and
County Commissioners admits that
they have not begun the construction
of the system, and says that by rea-
son of conditions caused by the war,
it is impracticable at this time to do
any actual construction work. but
they desire to collect the assessments
in order to be in a position to carry
out the work as soon as conditions
will permit. The answer then sets
up the contention that the act eX-
tending the city limits is void for the
following reasons:
Because it violates Section 20 c.
Article 3;
Because it violates Section 1 OF
Article 13:
Because the act deprives the County
Commissioners of property without
due process of law, contrary to the
Fourteenth Amendment;
Because two of the County Com
nissioners and one Of the members
If the House of Delegates live in the |
territory to be added to Baltimore
City: and
Because the tax rate in the new
annex will be 60 per cent Of the full |
,ity rate, while the rural rate in the
present annex will be only one-third
If the full city rate.
It is held by local attorneys that |
he case of DAILY VS.. Morgan disposes
# the first two contentious. while the
bird is answered in the decision in
Baltimore VS.. State. Is Md. which
,olds that transferring the title of
public property from one public
gency to another is not taking OF
within the measure of the
Amendment.
There is said to be nothing in the
ourth contention, the contention be-
ne the Constitution simply provides
hat persons to be eligible for county
commissioners or members of the leg
stature must be residents of the
ounty, meaning when they are elect
d. The lawyers also say the Annexa-
ion act provides. by Section Is, that
hese officers shall continue to serve
ut their term. The terms of the
ounty commissioners will expire IN
november, 1919. and the term of Mr.
;ryant is over now, unless there
hould be an extra session of the
legislature.
The fifth objection. they say, is one
hat was saved to the county people
Y Messrs. Benson. Mcintosh and
ryant defeating the bill which the
ity offered to increase the rural rate
l the present annex to the same rate
S that provided for the new annex.
is claimed there is nothing. how
YER, in this objection. because the
constitution only requires that the
TX rate shall be the same in the same
king district. and the present annex
nd the new annex are two separate
.xing districts.
Sheep Raising Boosted.
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