Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1930-07-11
Seeks To Enjoin County Officials.

A bill in equity requesting that the COM
missioners and treasurer of Montgomery
county be enjoined from letting contracts
for county advertising and printing to The
Maryland Publishing Company and from
paying bills already due on such contracts
was filed in the circuit court here Monday
last by Walter W. Mobley. taxpayer of
Derwood.
The bill sets out as reason for requesting
an injunction that three of the county COM
of the Maryland Publishing Company. and
that the Code of Public General Laws of
the State of Maryland makes it an illegal
and indictable offense for county COM
missioner to enter into any agreement in
his official capacity which may react to
his personal profit.
The Maryland Publishing Company pub
fishes the Maryland News. semi-weekly
newspaper in which are published adver-
tsements for bids for county Improvements
and other official notices. The bill alleges
that, aside from any fees which may be
paid for these advertisements. the amount
paid the Maryland Publishing Company for
the year 1929 for printing blank forms and
other papers was in excess of $4,000. &C.
cordng to published report of the county
treasurer.
The defendants named in the bill are the
board of county commissioners, the county
treasurer and each of the iDcumbents in
dividually. The commissioners are DR..
Benjamin C. Perry Lacy Shaw. Claeett C.
Hilton. Downey M. Williams and Robert L.
Hickerson. J. Forest Walker is treasurer.
Mr.. Mobley. farmer. is one of the largest
taxpayers in this county. Attorneys for
the plaintiff are Miss Vivian Simpson.
John Oxley, E. Barrett Prettyman and
Harold Smith.
The law on which the bill is based is
contained in article rs. sections II. IS
and 10. of the Maryland Code. The Sec
tons, as quoted in the petition. follow:
1T shall not be lawful for any county
commissioner. during his term of office. to
hold, possess or purchase or acquire any
share or interest in any agreement or con-
tract made. entered into or concluded with
any party or parties whomsoever by the
county commissioners of his county in
their character or capacity as such COM
missioners, or to have. receive, enjoy or
participate. either directly or indirectly. in
of ho
of any such agreement or contract.
1T shall not be lawful for any county
commissioner. during his term in Office. to
accept. hold. purchase or acquire any claim
on or against the county of which he is
commissioner. or any share or interest in
such claim. which said claim has been or
is to be passed upon and approved by the
Board Of County Commissioners of which
he is member.
IF any county commissioner shall vio
late any of the provisions of the two pre-
ceding sections he shall be liable to indict-
ment and. upon conviction. shall forfeit
his Office and shall also forfeit his share in
the agreement. contract or claim as afore-
said, as the case may be"
1t is alleged that DR.. Perry. president of
the board of county commissioners Me-
Shaw, acting president. and Mr.. Hilton are
directors of The Maryland Publishing Com
pany and that their names appear as such |
on the masthead of the Maryland News. |
1t is further set out that the orator is in |
formed and believes that Mr.. Hickerson is |
a stakeholder of the company.
The bill states that the commissioners
have for a long time past made and still
continue to make contracts or agreements
for printing and publishing with the Mary
land Publishing Company and authorize
the publication in the Maryland News of
most if not all of the county advertising. |
which, in their capacity as county COM
missioners, they are authorized and di-
rected under the act of the General As
sembly of the State of Maryland to publish
from time to time in the public press.
In addition, it is alleged. the letting of
contracts for such publications is without
competitive bidding.
In another section the bill alleges that
most if not all of the county printing. of
which the said county commissioners are
authorized TO let, including blanks and
forms for use in the many and varied
branches of the government of Montgomery |
county, is contracted for and ordered from
the said Maryland Publishing Company"
The prayer for the injunction is in four
parts. The first requests the court to en-
Join the commissioners from authorizing |
the payment to The Maryland Publishing |
Company of any sums due for past publ |
cations of notices or printing done.
The second section seeks to prevent the
commissioners from letting future contracts
TO The Maryland Publishing Company as
long as they remain commits 'ioners of the;
county and continue as stockholders ami
directors of the publishing corporation. and
the third requests that they be prevented
from including in the tax levy for the year
1880 provisions for the payment OF any
debts incurred for publication IN the Mary
land News of notices or printing done by
The Maryland Publishing Company
The conclusion Of the petition prays for
the court TO enjoin CouL ty Treasurer Walker
from paying to The Maryland Publishing
Company any money whatsoever on order
of the board of commissioners.
OuaI kira Fete Cabin John