Evening capital and Maryland gazette. (Annapolis, Md.) 1910-1922, 1919-04-03
WATER WORKS SUIT Won
BY ALDERMAN LEVY
CONTINUED From Page Onel.


right Or interest shall be enacted as.
an emergency law The words any
.officer. as used In this clause Of the
constitution must be construed to
mean all officers. whether state, coun-
.ty, or municipal. otherwise the pro-.
vision would not and could not reach
the evil to be prevented
In Rankin vs. Pitkin, 50th Iowa.
page 317, the court declared that the
words any officer referred III an
election law. to any district. state.
county or township officer. And in
.O'Brien VS.; Thorogood. 16sfh Mass.
the president of i Municipal Water
Company was declared to be an officer.
In Baltimore VS.. Lyman, 90, Md 500,
the court declared that a sIperin-
tendent of public instruction was not
a municipal official under the Char
ter of Baltimore City, and among the
reasons given for reaching this con-
clnsion were the following He was
not appointed BIZ the mayor or elected
BY the people, etc. He takes no oIfie-
ial oath, gives no ofFicial bond, has no
commission issued to him and has no
fixed ar definite tenure Or Office. but
Is appointed al the pleasure of the
school board
The president Of the Water CONS
pany HI appointed by the mayor for a
fixed term OF four years. receives sncli
pay as may be fixed hy the mayor,
counselor and aldermen. and Is like
all other city officials required to t;t'se
the oath Of Office prescribed rs Sec
ton Be Of Article 2 Of the Code 81
Public Local Laws, Title. Anne Arun
del county. subtitle, Annapolis
The court found:
tIl That the office of president &c
the Water Company was created IN
der the provisions 81 Chapter 205,
Acts of 1918, and that the incumbent
is i municipal officer Of Annapolis.
90 That said act imposes aaaif-
ional duties on the mayor, counselor
and one minority member Of the board
or aldermen Of Annapolis. different.
from their duties at the time of their
election TO the offices they now hold.
ta1 The mayor being required by
said act to appoint the president Of
the said water company. when Al the
time Of his election the president Of
said water company vas. under the
provisions Of Chapter Sc Of the Acts
OF I9I3 elected by the Stockholders Of
said company
fb) The counselor and one ald@
man 81 the minority having the adj
ditional duty imposed upon them os
acting as directors Of said water com
pany, when at the time of their cleo
ton they were, under the provisions
BIZ Chapter 86 OF the Acts of 1912, pro-
hibited from being members Of the
board OF directors Of said company.
Ii will be observed that the refer
endum amendment TO the constitution
does not appear to make provision for
submitting to the qualified voters Of
political subdivision OF the state, other
than counties and Baltimore city,
legislation passed under the referen
dunn, and therefore, the contention
could be made that legislation i
fecting municipalities of the state.
other than Baltimore city. Is not with
III the provisions of the referendum
but II full power and effect Is to be
given to this amendment, such con-
struction cannot prevail
X was thereby ordered by the court
that Chapter EOS Of the Acts Of the
General Assembly Of Maryland en-
titled. An act to repeal section ct
Chapter Sc of the Acts of tha General
Assembly Of Maryland. Of 1912, en-
titled an act 10 amend the Charter q
the Annapolis Water Company as the.
said charter was enacted BY Chapter
I2S Of the Acts Of the General AS
sembay of Maryland Of 1866, BY ex-.
tending the powers of said company 70
hold resi- and personal property. pro-
viding for the management Of said