Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-08-02
RETURN TO COUNTY
OF $4,000 ASKED
Demand Made Montgomery
Heads Get Back Funds Paid
Publishing Company.
BY WILLIAM s. TARVER,
star Correspondent Of The Star.

ROCKVILLE, Md, August 2.-De-
mand on the commissioners OF Mont
gomery County was made today by
Walter w. Mobley, taxpayer of Der
wood, Md, for the return Of all moneys
paid the Maryland Publishing Co. since
1927 on contracts for public printing
and advertising, alleged to be void by
reason of the commissioners financial
interests in the publishing company.
The demand was in the form of q
letter addressed to the board of COM
missioners and is expected to reach its
destination today.
$4,000 Involved.
If the monies paid the Maryland
Publishing Co., claimed to amount to
approximately $4,000, are not returned
to the county by the commissioners
or q satisfactory reply received on
or before August s, the letter states,
MIR. Mobley will institute an action for
an accounting against the commits
sioners Is individuals.
This action followed the statement
by Judge Robert B. Peter in Circuit
Court Wednesday that he would deny
petition for an injunction against the
county commissioners, county treasurer
hibiting them from advertising in the
Maryland News, publication of the
Maryland Publishing Co.
States Attorney Confers.
The letter to the commissioners de-
handing the return of the money
ordered disbursed by them to the Mary
land Publishing Co. was dispatched
after conferences by Attorneys Vivian
senting Mr.. Mobley, with Robert B.
Peter, jr., States attorney, and Capt.
Joseph @. Cissel, counsel to the county
commissioners.
Both these officials were asked TO
seek an accounting by the county COM
missioners, but replied that they did not
consider themselves competent to act.
Mr.. Peter said he was empowered to
represent only the State, while Capt.
commissioners in individual transact
tions only and Is not a sworn officer Of
the county.
Individual Responsibility Claimed.
The theory on which recovery of the
money is sought, as outlined in the let
ter, is that the contracts with the
MdTyiuIlQ FuDILSIllIlH 70. WCIe VUlQ dIlu
that the commissioners are responsible
individually, since the money they or
dered disbursed was held in trust by
them for the people of the county.
The contracts were void, it is alleged,
because two OF the commissioners we're
stockholders in the Maryland Publish
ing Co. from its organization in 1927
until July Is. last. They are said to
be DR.. Benjamin c. Perry, president of
the board, and Lacy Shaw, vice presi-
dent.
According to the attorneys for Mr..
Mobley, Clagett C. Hilton and Robert
L. Hickerson, members of the board of
commissioners. acquired stock in the
publishing company shortly after Its
organization, and held it until July 16,
when all four commissioners returned
their stock certificates to the company.
This return of the stock followed a pc
tition by Mr.. Mobley for an injunction
prohibiting the commissioners from
letting any further contracts for county
advertising or printing to the Maryland
Publishing Co.
Attorneys for Mr.. Mobley base their
estimate of the amount paid the Mary
land Publishing Co. on reports of the
county treasurer for 1927 and 1928,
showing a total of $10.870.30. The
treasurer's reports for 1929 and 1880
have not been completed.