Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-08-04
INJUNCTION DENIED
AGAINST OFFICIALS
Montgomery Judge Acts
When Publishing Company
Cancels Public Debts.
By star Correspondent of Tn. star.

By Star Correspondent or The Star.
ROCKVILLE, Md, August Am
injunction against the commissioners
and treasurer of Montgomery County
and the Maryland Publishing Co., on a
taxpayers petition was refused today
by Judge Robert B. Peter in Circuit
Court upon filing of an amended an
swer by the defendants embodying the
statement that all debts owing the
publishing company by the county,
incurred while four of the commission
erS held stock in the concern, have been
Cancelled.
Wednesday the defendants made
formal answer to the injunction pro-
ceedings, tating that the commission
ers had disposed of their stock in the
Maryland Publishing Co., and the hear
ing was continued until today.
This disposition of stock, consicereo
by the plaintiff as an admission that
the commissioners considered their
dealings with the Maryland Publishing
Co. illegal, led to a written demand on
the commissioners as individuals 1or
the return of approximately SIS ,o0o
alleged to have been paid the publlsn-
ing company since 1927 for county ad-
vertising and printing. The letter signed
by the plaintiff in the petition for an
injunction was due to reach the COM
misSioners today.
Injunction Sought.
The bill of complaint, filed July z, by
attorneys for Walter w. Mobley OF
Derwood, Md, sought to enjoin the
commissioners and treasurer from let
ting contracts for county advertising
or printing to the Maryland Publishing
Co. and from paying any debts already
owing the company on such contracts.
The basis for the complaint, as set
out in the action, was provision OF the
Code of General Public Laws of the
State of Maryland, which makes it an
illegal and indictable offense for county
commissioners to contract with any
concern in which they have a financial
interest that would permit the contract
to react to their personal profit.
Commissioners Owned Stock.
The answer filed Wednesday admitted
that when the proceedings were insti-
tuted Commissioners Benjamin G. Perry.
Lacy Shaw and Clagett G. Hilton were
stockholders and directors OF the Mary
land Publishing Co, and that Commits
sioner Robert L. Hickerson owned stock
in the concern.
The three directors resigned and all
four commissioners holding stock re-
turned their certificates to the COM
pany July Is, the answer stated.
Attorneys Vivian Simpson, John E.
Oxley and Harold c. Smith, represent
ing the plaintiff, argued before Judge
Peter that some formal assurance also
should be given that no future attempt
would be made by the Maryland Pub
fishing Co. to collect debts incurred by
the commissioners while they were
stockholders In the company.
Debts Cancelled.
In reply P. H. Marshall attorney for
the Maryland Publishing Co. orally
stated to the court that all such debts
had been cancelled. The defense at
torneys said they would be content If
this statement were embodied in the
formal answer and the Judge ordered
that this be done.
This morning he overruled the plea
for an injunction on the grounds that
all Objectionable conditions complained
Of had ceased to exist since the filing OF
the petition.