Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-05-13
BOND ABUSE CASE
TO PROSECUTOR
Governor Says States Attor-
ney Parran Is Only Official
With Power to Act.
ny a Stan Correspondent of The Star.

by a stan Correspondent of The Star.
UPPER MARLBORO, Md, May l3.-
Early termination Of the investigation
of the alleged bonding racket in Prince
Georges County, recently undertaken by
the commissioner of motor vehicles Of
flee, appeared certain today, following 4
statement by Gov. Albert C. Richie
putting the entire matter up to States
Attorney J. Frank Parran.
Parran has repeatedly stated that he
considers mountain is being made out
Of a molehill by the investigation.
Authorities Differ.
All of the Prince Georges authorities,
however, do not agree with him, and
from an independent source The Star
learned that on their own initiative
and entirely independent from the pres
ent investigation, certain county Of
6cials are planning to correct at Least
one phrase of the alleged bonding
abuses prevalent in the county, by put
more than one bond on a single piece Of
property.
In wiping his hands Of all RESPONSE
bility In the case, Gov. Richie said he
acted on the advice Of Attorney General
Thomas H. Robinson, who suggested the
governor instruct Col. E. Austin Baugh-
man. commissioner Of motor vehicles,
the alleged bonding abuses before
Parran. The abuses concern the. sup
posed participation of constables and
committing magistrates in the sharing
Of fees paid by motorists for bond.
In his opinion to the governor, the
attorney general also declared the prac-
ttce of altering charges in warrants
between the time Of arrest and trial
constituted no trregularity.
Governors Statement
T1hs governors statement follows:
MANY people seem to think that
whenever an onacer Of the Law n
charged with dereliction, it 10 the
responsibility Of the governor to ascer-
tain the facts and take whatever action
they call for. This u by no means
always the case.
under the system in this State law
enforcement Is not primarily State
function, but Is q local or county func-
ton. The officers charged with this
duty are county officers, elected by the
people of the county or appointed by
their duly elected representatives. They
are not answerable to the governor for
their ofi,ial acts and are not removable
by him.
Of justices Of the peace. who are ap-
ernor cannot remove them. Under
article 4, section AZ, Of the Constitu-
ton the justices can only be removed
by the judge or judges having criminal
Jurisdiction in the county or city for
incompetency, willful neglect Of duty or
misdemeanor in office ON conviction In
O court of law
Explains Provision.
"The same section of the Constitu-
ton provides that the constable, too,
can only be removed in the same way.
The only officials who can possibly be
involved IN these charges are certain
constables and certain committing
magistrates. The former ] do not app
point and cannot remove, and the latter |
I appoint, but cannot remove. 1
IF any OF the committing magis- /
trates are guilty Of splitting the money
paid for bonds, then the case would not,
in my opinion, be at all adequately met
by a request from me for q resignation
which have not the legal power to
enforce.
What is primarily called for 10 q
serious and thorough investigation of
the WnOle SITUATION ~ the 9uCn0rltles
charged by law with the duty of In
vestigating It. The attorney general
advises me that these are the county
authorities and that the entire matter |
should be laid before the States attor-
ney for Prince Georges County.
Taking Advice.
This IS obviously correct, and I am
taking the Attorney Generals advice
at once. In fact. under date OF May
z last really brought the charges
formally to the attention Of States
Attorney Parran and the county COM
missioners, with the request that they
make such investigation and take such
action as the facts warranted.
Il am now advising Mr.. PaFran Of
the attorney generals opinion that
the matter should be laid before him.
Col. Baughman has been instructed
by me to place all facts and records
in his possession and the assistance
OF his department At the disposal Of
Mr. Parran.
IT assume, Of course that the States
attorney viii deal with the matter
promptly along the lines suggested by
the attorney general. I do not want
to prejudice charges against any one,
and think that the reference Of the
whole situation to the States attorney
II all that Is called for from me at the
Dregent time"