Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1922-12-15

State Wins Fight Over Auto Pines.

Under a decision rendered in the Circuit
Court here last Saturday afternoon by
Chief Judge Hammond Urner and Asso-
ciate Judges Edward C. Peter and Glenn H.
Horthineton. the County Commissioners
cannot use the motor vehicle fines collected
In this county for the maintenance Of the
countys police system, as provided by two
laws enacted by the last legislature, and
which became effective several months ago.
The Court unanimously held the two
laws. which are virtually the same except
ing as to the number Of men to compose
the police force, to be invalid so far as the
use Of the motor vehicle fines are concern
ed in that their titles are misleading and
indicate them to be purely local measures,
whereas they affect the Statewide motor
vehicle law by divertine motor vehicle
lines collected in the county from the State
to the county treasury.
The decision was rendered in the suit OF
T. Austin Baughman, State Motor Vebi-
Gle Commissioner. against Judge Samuel
Riggs, Of the Police Court for the county.
TO recover motor vehicle fines collected in
the police court and turned over TO the
County Commissioners to be credited to the
county police fund. The suit. however.
was in reality an action to have the two
local laws declared unconstitutional in
90 far as they affected the use Of the
motor vehicle fines.
Attorney John A. Garrett, who repre-
scented Judge Riggs. entered a General
demurrer to the declaration and insisted
that the suit had been brought AGAINST
the wrong person. inasmuch as the fines
sought to be recovered had been paid to
the clerk of the police court and turned
over to the County Commissioners. as di.
rected by the police magistrate law, which
law requires him to collect all fines and
forfeitures and pay over the same to the
County Commissioners.
In his argument Assistant Attorney-Gen-
eral Fisher. who appeared for Commissioner
Bauehman. held the titles to the two laws
to be deceptive and misleading, and not
complying with the constitutional proyis-
ion that they give an adequate idea of
the contents and purposes Of the measures.
He contended that the titles do not dive
any idea that the laws affect the State
wide motor vehicle law by making inroads
on the State treasury to the extent of the
motor vehicle fines collected in the county.
he combated the theory Of counsel for the
defendant that the suit had not been
brought against the right person, insisting
that the clerk Of the police court simply
acted as the agent Of the judge, and that
the latter really was the collector Of the
fines. States Attorney Thomas L. Dawson
also represented the motor vehicle COM
missioner.
In announcing the decision Judge Urner
referred to the Importance Of the case and
reviewed ii at considerable length. He
declared the motor vehicle fines to be an
important part Of the financial system Of
the State since the adoption Of the budget
plan. The titles to the laws. he asserted,
do not measure up to the constitutional
requirements for the reasons indicated,
and the acts are, therefore. invalid in so
far as the use Of the motor vehicle fines
were concerned
Immediately following the Courts decis-
ion the actual trial Of the case against
Judge Riggs was held. II was shown that
under the law creating the police magis-
trate law. under which Judge Riggs holds
Office, the clerk Of the police court is au-
thorized to collect fines. The court. there
fore, decided in favor of Judge Riggs.
The decision means that the motor
vehicle fines will continue to be paid over
by the police court clerk to the County
Commissioners. but that they must not be
used by the Commissioners for any purpose
and will eventually be paid over to the
State Motor Vehicle Commissioner as the
result Of new suits to be instituted.
Since the County Commissioners have
been receiving the motor vehicle fines they
have been averaging around $500 a
month. Their loss by the county, however.
will not cripple the county police system.
as other fines and forfeitures, which also
60 to the police fund, are averaging around
$4,000 month and are more than ample
TO support the system.
Ma Tal.