The Republican., 1921-07-28
THE LAW GOVERNING THE APP
PRECIPITATION OF MONEY

Maryland Training School for Boys
and the School for Girls.
In connection with the suit which
has been entered by County Commits
sinoer George D. Browning against
Adolphus P. Enlow, for alleged SLAM
der of the plaintiff in his office as
County Commissioners, we have look
ed into the statutes covering the ap-
preparation of funds by the County
Commissioners to help defray the ex-
penses and maintenance of the Mary
land Training School for Boys as we'll
as the School for Girls, and the acts
of Assembly covering the levy of the
money for the purposes mentioned.
In the case which has been institut-
ed by Mr.. Browning against Mr.. En-
low, the declaration alleges "that the
plaintiff is now, and for more than
two years past, has been one of the
| County Commissioners of Garrett
county, and that the defendant, with
intent to injure, defame and slander
the plaintiff as a member of said
Board of County Commissioners, on
the first day of June, 1921, did speak,
publish and declare of and concerning
the plaintiff these false, scandalous
and malicious words, to-wit:
" George Browning, as County
(On1TN1ic 1oIr,nI
ated ten thousand dollars of the coun-
tvs money for Catholic Schools
meaning thereby that the plaintiff as
a County Commissioner unlawfully,
designedly, corruptly and in violation
of the duties of his said office and of
the trust reposed in him, unlawfully
appropriated and used ten thousand
dollars of the funds of Garrett coun-
ty, Maryland, for the purpose of pro
noting and furthering the interests
of Catholic Schools etc.
An examination of the levy list will
show that no such appropriation was
ever made by the County Commits
sioners, and it goes without saying
that no such appropriation could law
fully have been made or was made.
In the levy of 1920, the following
item of appropriation appears:
maryland Industrial School for Boys
and Girls, estimate to pay same,
1920, S5O0OO."
This appropriation was made in
pursuance of the mandatory provis-
ions of Chapter 300 of the Acts of
1918, the same being an Act, as its
title declares 1T to be, "An Act to
provide for the continuance under the
supervision and control of the State of
Maryland of the Maryland School for
Boys, hereafter to be known as the
Maryland Training School for Boys as
a reformatory institution of the State
of Maryland for the care and training
of white male minors committed
thereto, and to provide for the man.
agement theeof, and for the levying of
nance thereof, and for the levying of
per capita charge upon the counties
and the City of Baltimore for boys
committee to its care"
Section of this Act provided as
follows: "The said Board of Managers
of the Maryland Training School for
Boys shall provide accommodation
and proper care and training for at
least two hundred and fifty boys, who
may be committed to said school from
the various counties of the State and
from Baltimore City, which number
shall be from time to time apportion
ed among the several counties and the
City of Baltimore according to the
population as ascertained by the pre-
ceding census, and the County Com
missioners of each county and the
Mayor and City Council of said city
are hereby authorized and required to
levy annually upon the assessible
property of each of said counties and
said city, respectively, an amount
equal to $l30 per annum for each boy
so apportioned, to be collected in the
same manner as other taxes; and out
of said sum so levied by each county
and by the City, respectively, the
proper disbursing officer of each of the
said counties and said city shall pay
to the said Board of Managers of the
Maryland Training School for Boys
at the end of each quarter of the cal
endar year, an amount equal to the
sum of thirty-two dollars and fifty
cents ($32.50), multiplied by the aver
age number of boys, respectively, from
each of said counties and said city at
said school during said quarter; the
intention of this provision being that
while the levy shall be made annually
upon the estimated number based on
the said apportionment according to
the census of population in the re-
spective counties and the City of Bal
timore, quarterly payments shall be
made for the actual number of boys
at said school from each of said coun-
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