Evening capital and Maryland gazette. (Annapolis, Md.) 1910-1922, 1919-07-16
NVALDIlY
OF WATER CO. ACT
Counsel For State Board Of
Health Demur And Answer
TO Councils Bill
SAY ORDER IS VALID

4 touch 81 huInor Is injected III the
illegal proceedings against the state
Board of Health. to yacafe Il order
requiring the construction of 4 Ultra
itian plan4 for Tie Local water stem,
Isliy the allegation, twice repe atea. in
the answer, illed son me part of the
! Board today. that Chapter 20s ef the
8sAcis of 1918. under which Mayor
Strange named George f. Melvin
president of the Annapolis Water Com
spany for 4 term of six years, Is un-
fsennsti itnlianal Upon this point, conn7
Vel for the City of Annapolis and
other petitioners are not likely 20 make
much Of h contention The iilstru-
ement denurs in part 70 the petition,
and answers III part
The points made by Assistant At
torney Generals Ogie Marhury and
4 NJ. Pinknes Whyta. Jr., who filed the
answer. are
j. The order passed by the Defend
ant was not IN excess Of It's Lawful
powers,
9. That Chapter 205 Of the Acts Of
ltf9fs IL unconstitntional and void be-
cause ii embraces subject not de-
scribed I'M lis title
3. Chat Chapter 2O5 of the Acts Of
/ 1918 IS unconstitutional and void k
being special law covering 4 case
Tor which provision has been made by
an existing general law.
In answer 10 another paragraph Of
the bill. the answer AYERS that II
denies that its order Of June 3, 1919.
Eis lin unreasonable order, Or that the.
same IL not necessary for fle protec-
fion Of the public health and com
fort.
THE position taken hy counsel Of
the State Board of Health. who are.
representatives of the office of the Al
torney General. involves the whole
matter III absurd contr sdictions Chap
ter COS 81 the Acts of I9l IS was pasaea.
for the specific purpose Of making.
possible the appointment Of George
FL. Melvin as president Of the Anna
polls Water Company by Mayor
Strange. after ne had failed of elec-
zion by the city Council Incidental
Ily, ii increased the number Of the
directors OF the Company and raised
their salaries.
When attention was called to all
legged unconstitufiOna1ity Of the Act.
its critics were referred-to as curb
stone lawyers. and the authority of
the Attorney General claimed Tor It's
validity Now that validity Is being
attacked by the offieials Of that de-
pariment. in an effort to save the ef-
fectiyeness of the iiltration order.
Again, the interests" which have
attempted To force filtration are the.
same which are benefited BY the Act
,of 1918. There is possibility that.
the filtration order may be declared
effective but3at the cost Of the validity
Eof the Act under which the new di-
rectorate OF the Water Company was.
constituted III truth, the interests
find themselves on both sides Of the
case.
The Court OF Appeals has declared
hthaf Chapter 2O5 of the Acts Of 1918
Is. constitutional. but the particular
grounds raised IN the present action
were not brought up then. i Is pos
sihle that II will consider the new
points when the present case reaches
ii, as it almost certainly viii Should
the contention of the State lawyers
make good. the directorate Of the
Water Company would return to three.
and either W. Meade Holiday would
be declared president by reason Of his
former election, or the election thrown
into the present Council.
The matter is now ready for the
Eloeal court to set q day for hearing
No matter which way the case Is de-
lcided, it VIII probably 80 to the Court
III Appeals. and be taken up during
1.-THE October term.
arp nTSNEV TAKES