Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-04-19
DR.. PERRY answers
. SUIT OVER SALARY
Montgomery County Commits
sioner and Treasurer Deny
Allegations of Plaintiff.

Treasurer J. Forest Walker and DR..
Benjamin c. Perry, president OF me
board of county commissioners Tor thls
county, yesterday afternoon filed theT
answers to the suit recently nsttuteo
in the Circuit Court here by Wllllam
Van Ness of Chevy Chase to enJoln
the county treasurer from paying Or.
Perry full-time salary in connection
with his duties as commissioner for
the fourth suburban district and 10
REQUIRE the president of the board OF
commissioners to repay to the county
money alleged TO have been paid MN
as salary in excess of the amount
actually due.
County Treasurer'S Answer.
County Treasurer Walker admits in
his answer that he has made disburse-
ments to Dr. Perry upon the basis
of the levy and distribution thereof
made by the board of commissioners
of Montgomery County, as he is IN
duty bound to do, and that he has
raid to the said Benjamin c. Perry
the sum of $50 per month, beginning
July /, 1928, to the date hereof, as
additional compensation in accordance
with the levy made by the county
commissioners, and that no question
has ever been raised with respect TO
the right of this defendant to make
the said payments, nor, indeed, had
he any authority to refuse to make
the said payments in view Of the action
of the board of commissioners"
The answer of Treasurer Walker
further states that DR.. Perry has paid
to him, as treasurer for the county. the
sum of $1,000 and that it has been
deposited to the credit of the treasurer
of Montgomery County, the amount be-
ing a return to the county OF the total
in dispute paid to DR.. Perry at the
rate of $50 a month, and also says that
he CWalker) has received notice OF
an order Of the county commissioners
fixing the salary of DR.. Perry at 2,4OO
per annum from May l, 1880, and that
in view thereof he does not intend to
gay the doctor any sum in excess
thereof.
DIR. Perry's Answer.
DR.. Perry's answer is voluminous and
deals in detail with the numerous al
legations of the Van Ness petition. 1t
admits a number of the immaterial
representations of the plaintiff and de-
clareS that he was and is entitled
to receive the extra compensation in
accordance with proper Interpretation
of the act of the General Assembly
under which it was paid.
This defendant denies" states DIR.
Perry'S answer that he wrongfully
and without regard to the spirit or in
tent of the act of the General Assem-
bly, of Maryland chapter 692, received,
obtained or accepted any compensation
from the treasurer of Montgomery
County
He admits he did, beginning July l,
1928, receive from the county treasurer,
and has continued to receive to this
time, in addition to the ordinary COM
pensation of commissioners the extra
compensation the law allows the COM
missioner for his area for full-time duty,
and denies that he has not devoted the
equivalent of his entire time to the per-
formance of his duties as such COM
missioner.
Admitting that he is a practitioner
of medicine and enjoys a substantial
practice within the suburban area and
elsewhere and that he maintains offices
in Bethesda with stated Office hours
and is subject to the call of his patients,
DR.. Perry denies in his answer that he
devotes only a small part of each day
TO the discharge of his duties as COM
missioner but insists he devotes large
part of his time, both day and night,
to such duties, and declares that he is
entitled justly and within the mean
ing and spirit of the law to receive $500
per annum extra for full-time work.
Should Have Informed Board.
Continuing, DR.. Perrys answer states:
"This defendant says that no demand
or complaint was ever made to the
board Of county commissioners for
Montgomery County with respect to the
payment to this defendant of the said
additional sum of $500 per annum; that
the matter had never been called to the
attention of this defendant or to the
board in any way, and this defendant
fnnf ha fI,a
part of the plaintiff was and should
have been to have called the matter to
the attention of the board of commits
sionerS for such action as it might have
seen fit to take. This defendant denies
that the board directed and ordered all
of the said payments to be made and
says that the payments were made, be-
ginning July l, 1928, out of the 3o-cent
suburban tax rate fixed by statute,
which assessment was authorized by the
board as part of the levy"
The answer denies that the plaintiffs
taxes have been greatly and wrong
fully increased" and that they will be
increased unless the treasurer is re-
strained from making payment to him
for the reason that the plaintiffs taxes
would have been increased by not more
than 80 cents in order that the sum
OF $500 might be paid, and adds that
Vic pldlIltlll llOl lldNulk Ddiu Ills taxes
at all for the year 1929, and having his
property advertised for taxes in 1880,
had, therefore, paid no taxes on &C
count of the said sum of $500 in dis
pute."
Further answering, Dr. Perry states
that the entire sum of $500 is assessed
only upon those taxpayers of the fourth
commissioner district in such portion
as Is represented by the suburban area.
DR.. Perry declares in his answer that
he permitted his name to be used and
consented to his election as county COM
missioner not because of any interest
IN the salary, but in order that he
might render, as an interested citizen
OF his community, a conscientious and
able service for Montgomery County
and for his district, bordering, as it
does, upon the District of Columbia,
and TO enable the county to procure
the great benefits to which it was en-
titled by reason of its proximity to the
Nations Capital City. He continues:
Cites His Service.
"since the passage of the act of the
Maryland Legislature, chapter 692,
Maryland General Laws, 1927, your de-
PENDANT has maintained daily Office
hours in the building in his district es-
tablished for that purpose; has had a
stenographer and clerk; has held hear
ings, meetings and interviews with the
people of his district, not only at his
regular daily office hours, but frequently
at night, averaging as much as three
nights a week, and has seen people
not only at the county building, where
he holds his Office, but daily in large
numbers at his home; that throughout
the day, when calling upon his patients.
he has had opportunities to inspect
roads under construction and repair,
and has devoted not only his week days,
but Sundays and holidays as well, to
the performance of his duties as COM
missioner. and has given generously of