Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-04-17
MT. RAINIER WINS
LOAN TEST SUIT
Judge MattingIy Denies Plea
for Injunction to Halt
Bond Issue.
BY GEORGE PORTER.
STAFF CORRESPONDENT OF The star.

UPPER MARLBORO, Md April II
--Upholding the constitutionality of the
act of 1929 by which the General AS
sembly of Maryland authorized the
town of Mount Rainier to borrow 8 per
cent of the valuation of all property in
the town appearing on the county tax
books, Circuit Court Judge Joseph C.
Mattingly today handed down an opin-
ion declaring the suit for an injunction
against the mayor and council in which
the validity of the act was attacked
would have to be dismissed.
Bond Sale Delayed.
The suit against the town has delayed
for several months the sale of a $780,
900 bond issue which was to provide
funds for the paving of several streets
in the town. A Baltimore firm had of
fered to buy the bonds and the sale was
about to be conSummated when the suit
was filed. The company then refused to
complete the deal until it was settled
A 1877 contract with the firm Of
Jarboe e. Houghton and $60,210 con-
tract with the Fred LOOMS Construction
Co. had been signed by the town before
the suit was filed, and most of the street
work specified in those contracts has
been completed.
The suit was brought by Rufus E.
Milor and Henry j. Mulholland, through
their attorney, Charles 3. Calvert, and
named the contractors as joint defend
ants with the mayor and council
In his opinion Judge Mattingly re-
views the statutes involved. These in
clude the act of 1927, authorizing the
mayor and council to borrow an amount
equal to per cent of the assessed
value of property within the town as
appearing on the books of the town
treasurer, to issue bonds for that
amount and to build concrete roads
and sidewalks with the money.
| The assessed value of town property
as appearing on It's own books was
| $2,413, 70l, while the county assessor
| valued the property at approximately
| $4,000 900. The town assessment is
| smaller because made by local assessors,
! while the county assessment is made
under the supervision of the State tax
/ commission.
When the contracts with the two
/ construction companies were made last
! Summer there was already an outstand-
! ing Indebtedness of the town amount
1 ing to $4,000 This clearly exceeded
| 8 per cent of the towns own valua-
| ton on its property, but was less than
! 8 per cent Of the county assessment.
Other Legislation Considered.
other legislation, such as the re-
! Oh hAllClC OF Vi b1AC NO0S
of general public laws, concerning rev.
enue and taxation permitting any
municipality to adopt the county as
| Sessment as It's basis, was brought to
! the attention of the court, and upon
the insistence of counsel, carefully con-
sidered. However, the issue of the
| cases revolved around the constitution
ality of the act of 1929, the opinion
states.
Such tests Of the legality of munich
pal legislation as made by the case arr
beneficial, the court declares, conclud'
ing the opinion with the following para
graph:
THE effect is frequently salutarJ
when citizens take SUFFICIENT interest II
the affairs of their community to b'
willing to sacrifice their time and sub
stance in the effort to have municipal
affairs administered strictly according
to law and to be watchful lest trregu'
larities subvert the methods OF loca
government They may not be right al
ways in their construction of the Law