Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-07-07
TO ENJO|N
COUNTY OFFICIALS
Montgomery Taxpayer Asks
Injunction on Contracts
With Maryland News.
BY WILLIAM S. TARVER,
stan Correspondent of The Star.


ROCKVILLE, Md, July IA bill in
equity requesting that the commission
ers and treasurer of Montgomery Coun-
ty be enjoined from letting contracts
for county advertising and printing to
the Maryland Publishing Co. and from
paying bills already due on such con-
tracts, was filed in Circuit Court here
this morning by Walter w. Mobley, q
taxpayer of Derwood, Md
The bill sets out as reason for re-
queSting an Injunction that three Of the
county commissioners are stockholders
and directors of the Maryland Publish
ing Co., and that the Code of Public
General Laws of the State of Maryland
makes it an illegal and indictable offense
for county commissioner to enter into
any agreement in his official capacity
which may react to his personal profit.
Publish Maryland News.
The Maryland Publishing Co. publish
es the Maryland News, a semi-weekly
newspaper in which are published adj
vertisements for bids for county i'm
provementS and other official notices.
The bill alleges that, aside from any fees
which may be paid for these advertise
ments, the amount paid the Maryland
Publishing Co. for the year 1929 for
printing blank forms and other papers
was in excess of $1,000, according to a
published report of the county treas
urer.
The defendants named in the bill are
the Board of County Commissioners,
the county treasurer and each of the
incumbents individually. The commits
sioners are: DR.. Benjamin G. Perry,
Lacy Shaw, Clagett G. Hilton, Downey
M. Williams and Robert L. Hickerson. J.
Forest Walker is treasurer,
Mr.. Mobley, farmer, Is said to be
one OF the largest taxpayers in the Der
wood section of the county. Attorneys
for the plaintiff are Miss Vivian Simp-
son, John Oxley, e. Barrett Prettyman
and Harold Smith.
Law Is Quoted.
The law on which the bill is based is
contained in article 25, sections II, Is
and 10, Of the Maryland code. The
sections, as quoted in the petition, fol-
low:
1T shall not be lawful for any county
commissioner, during his term of office,
TO mold, possess or purchase or acquire
any snare or interest in any agreement
or contract made, entered into or con-
cluded with any party or parties whom
soeVer by the county commissioners of
MS county In their character and ca
commissioners,
nave, receive, enjoy or participate,
either directly or indirectly, in any of
the benefits, profits or emoluments Of
any such agreement or contract,
1t shall not be lawful for any county
commissioner, during his term of Office,
to accept, hold, purchase or acquire any
claim on or against the county of which
ne Is commissioner, or any share or
interest in such claim, which said claim
mas been or is to be passed upon and
approved by the Board of County Com
misSioners Of which he is a member.
If any county commissioner shall
violate any Of the provisions of the two
preceding sections he shall be liable to
Indictment and, upon conviction, shall
forfeit his Office and shall also forfeit
his share in the agreement, contract or
claim as aforesaid, as the case may
1t is alleged that DR.. Perry, the pres
loent OF the Board of Commissioners:
Mr.. Shaw, the acting president. and
Mr.. Hilton are directors of the Mary
land Publishing Co. and that their
names appear as such on the masthead
OF the Maryland News. It is further
set out that the orator is informed and
believes that Mr.. Hickerson is q stock
holder of the company.
The bill states that the commission
ers have for a long time past made
and still continue to make contracts
or agreements for printing and publish
ing with the said Maryland Publishing
Go. and authorize the publication in
the Maryland News of most If not all
OF the county advertising, which, in
their capacity as county commissioners,
they are authorized and directed under
the act Of the General Assembly of
the State of Maryland to publish from
time to time in the public press"
In addition, it Is alleged, the letting of
clntracts for such publications is with
out competitive bidding.
In another section the bill alleges that
most If not all of the county print
ing, OF which the said county commits
slonerS are authorized to let, including
blanks and forms for use in the MANY
and varied branches of the govern
ment OF Montgomery County, is con-
tracted for and ordered from the said
Maryland Publishing Co"
The prayer for the injunction is in
four parts. The first requests the court
to enjoin the commissioners from au-
thorzing the payment to the Maryland
publishing Co. OF any sums due for past
publications of notices or printing done.
The second section seeks to prevent
the commissioners from letting future
contracts to the Maryland Publishing
60. as long as they remain commits
sioners of the county and continue as
stockholders and directors of the pub
fishing corporation, and the third re-
quests that they be prevented from
including in the tax levy for the wear
1880 provisions for the payment of any
debts incurred for publication in the
Maryland News Of notices or printing
done by the Maryland Publishing Co.
The conclusion Of the pstition prays
the court to enjoin County Treasurer
Walker from paying to the Maryland
Publishing 90. any money whatsoever
on order Of the board of commissioners.