Evening capital and Maryland gazette. (Annapolis, Md.) 1910-1922, 1920-01-20
COUNCIL DECIDES
ON LITIGATION
IN LATEST MOVE
CONTINUED From Page one.l


and ample power 10 manage the
Annapolis Water Company ac-
cording TO its best Judgment
And this Act also repeats all acts
or parts Of acts inconsistent
herewith 10 the extent Of such
moons lstency- The Court of APP
-peals in the case Of Strauss vs..
Heise IS Md 295-296 in regard
to Inconsistencies ruled as fol-
lows: Acts being inconsistent
with and repugnant to each other,
the latter act having been APP
proved subsequently TO the for
mer. repeals the same and be-
comes the law
at was fully cmopetent for the
Board OF Directors, under this
full and ample power TO manage
the Annapolis Water Company
according 10 its best judgment 10
decline 10 deplete the emergency
fund.
This fund represents the profits
which. by the Act of 1912. were
made a special fund TO pay and
discharge the obligation therein
referred 10. said obligation being
the loan with which the stock of
The plant was purchased by the
Mayor, Counselor and Aldermen.
Further. these profits, now held
in the emergency fund of the An
napolis Water Company. form a
special fund TO maintain the
plant. in the language Of the Act.
And the Board of Directors,
invested by the subsequent Act
OF 1918 with full and ample pow
er TO manage the Annapolis Wa
ter Company according to it's
best judgment. has determined
by a majority vote tina, there is
nos. as contemplated in the plain
language of previous acts, ball
ance 10 be devoted as the Mayor,
Counselor and Aldermen may de-
termlne
BY orders OF the Board OF Di-
rectors OF the Water Company
passed at various times. and now
on the records Of its proceedings.
the emergency fund IS made up Of
sums set aside out of its earn
ings toward the payment of the
obligation that is 70 pay the bond
issue. for the satisfaction OF
wh3ch mt maturity in the year
1912 The Wafer Works is pledged
and 10 maintain said plant
The said emergency fund is
intended TO provide the Annapo-
lis Water Company with the
means to meet any extraordinary
expenses in such maintenance
ana to enable the Board OF Di
rectors. as required by the latest
enactment Of the General AS
sembly Of Maryland, Chapter 2G5
OF the Acts Of 1918 to exercise
full and ample power for the
care and physical operation of
the plant by the said Water
Company in the interests of the
health, comfort and proper ma
terial requirements of the people
of the City OF Annapolis The
last mentioned Act also invests
the Board OF Directors with full
charge of the development. main
tenance and operations of the
plant as municipal property.
but limits any expenditure to the
sum of $4,000. without the APP
proyal of the Mayor, Counselor
and Aldermen
After careful consideration of
the resolution of the Mayor. Coun-
selor and Aldermen, passed on the
18th day of January, 1920, and re-
ferred to me as City Counselor for
an opinion, and of the Act of 1912
in the light Of the subsequent Act
OF 1918. have come 10 these con-
illusions:
First That the emergency
fund now in the hands of the Di-
reotors of the Annapolis Water
Company is not made up of profits
acuring to the Mayor. Counselor
and Aldermen on the stock held by
the corporation in the Annapolis
Water Company, but is special
fund required to maintain the
plant. according TO the intent and
meaning OF Chapter 11S of the Acts
of 1912
Second That said emergency
fund is in no sense to be con
sidered as a Balance of Profits
aocruing TO the corporation on the
stock. and to be devoted as the
said Mayor. Counselor and Alder
men may determine:
"(al For the reason that the
period during which the profits of
the Annapolis Water Company are
required to be and constitute a
special fund for the purposes set