Evening star., 1922-08-05
SEES N|0T0RF|NES
| BEING MISAPPL|ED
Maryland Official Says Lax
/ Passed for Montgomery
/ County IS Invalid.
special Dispa tch to The Star.

Special Dispatch to The Star.
ROCKVILLE, Md. August s.
Judge Samuel Riggs, who presides
in the police court here. and who
collects all fines and collaterals in
hicle laws of the state occurring in
this county, has received from Col.
e. Austin Baughman. state motor
vehicle commissioner. a formal re-
quest that all such fines and collat-
erals collected in this county since
July l be turned over to the state
motor vehicle commissioner.
The last legislature enacted a law
creating in this county a police force
consisting of a chief and five privates
and directing that fines and collat-
erals of every description collected
in the county be turned over to the
county treasurer to be credited to
what is designated as the police
fund and that this fund be applied to
paying the cost of the county's police
system. including the salaries Of
the judge and clerk Of the police
court and the members of the police
force and all other expenses incident
20 the maintenance of the system.
Law Elective July 1.
The law became effective July /,
and since then Judge Riggs has, as
directed by the law, been paying
over all fines and collaterals, includ-
ing those IN motor vehicle cases, to
the county treasurer to be credited
etc. in motor vehicle cases alone
have. il is stated. amounted to ap-
proximately S1.25O since the law
went into effect. Prior to July /.
all motor vehicle fines and collaterals
in this county and all other sections
CT q t<>A <o -
motor vehicle commissioner.
According to Col. BauGhn1an's let
ter to Judge Riggs, Attorney Gen
eral Armstrong has held that the
local law is invalid because its title
does not adequately indicate the pro-
visions of the measures and that,
therefore. all motor vehicle fines col
lected by Judge Riggs since, July
are being unlawful1y withheld from
the motor vehicle commissioner.
In this connection it is stated that
Col. Baughman was wholly unaware
that any such legislation was con-
templated until the measure had
passed both houses Of the Legislature
and received executive approval. Had
he known of the introduction of such
a bill he would, it is stated, have Wig
orously fought its passage, on the
ground that it would establish a
precedent that might eventually be
followed by all other counties in the
state and thus put the motor vehicle
commissioners Office out of busine IS.
Judge Riggs Replies.
Judge Riggs reply to Col. Baugh-
man is. in effect, that until the law
complained of is repealed or upset by
the courts he feels bound by it's pro-
visions to dispose Of the funds in
question as it directs. and that he.
therefore. cannot comply with the
request.
VVith;p tho na1t $a- asy. CoN
SauEhman will. he has announced.
institute proceedings in the circuit
court here to compel Judge Riggs to
pay to him all motor vehicle fines anu
-collaterals collected In this county
since July l., This will, it is said.
precipitate a legal battle which will
not end until the court of appeals,
which is the states highest tribunal.
has passed upon the validity of the
Montgomery county law.