Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1930-04-25
DR.. Perry Answers Salt Over
Salary.

board Of county commissioners for this
county, last Friday afternoon filed their
answers to the suit recently Instituted In
the circuit court here by William Van Meas.
Of Chevy Chase. to enjoin the county treas
urer from paying Dr.. Perry full.time salary
in connection with his duties as commits
sioner for the fourth suburban district and
to require the president Of the board of
county commissioners to repay to the
county money alleged to have been paid
him as salary in excess of the amount
actually due.
County Treasurer Walker admits in his
answer that he has made disbursements
to DR.. Perry upon the basis Of the levy
and distribution thereof made by the board
of commissioners Of Montgomery county.
as he is in duty bound to do. and that he
has paid to the said Benjamin C. Perry
the sum of $50 per month. beginning July
1, 1928, to the date hereof. as additional
compensation in accordance with the levy
made by the county commissioners. and
that no question has ever been raised with
respect 10 the right Of the defendant to
make the said payments. nor. indeed. had
he any authority to refuse to make the
said payments in view Of the action Of the
board of commissioners"
The answer of Treasurer Walker further
states that DR.. Perry has paid to him. as
treasurer of the county. the sum OF $l.O5O
and that it has been deposited to the
credit of the treasurer OF Montgomery
county, the amount being return to the
county of the total in dispute paid to DR..
Perry at the rate Of $50 month. and also
says that he (Walker) has received notice
of an order of the county commissioners
fixing the salary of DR.. Perry at $2.4OO
per annum from May 1. 1880. and that in
view thereof he does not intend to pay the
doctor any sum in excess thereof.
DR.. Perry's answer is voluminous and
deals in detail with the numerous alleea-
tions of the Van Ness petition. 1t admits
a number of the immaterial representa-
lions of the plaintiff and declares that he
was and is entitled to receive the extra
compensation in accordance with proper
Interpretation of the act of the General
Assembly under which it was paid.
This defendant denies. states DR.. Perry's
answer, that he wronsfully and without
regard to the spirit or intent Of the act OF
the General Assembly Of Maryland. chap
ter 692, received. obtained or accepted
any compensation from the treasurer OF
Montgomery county"
| He admits he did, beginning July /,
1928, receive from the county treasurer.
| and has continued to receive to this time.
in addition to the ordinary compensation
of commissioners the extra compensation
the law allows the commissioner for his
area for full-time duty. and denies that he
has not devoted the equivalent of his en-
tire time to the performance of his duties
as such commissioner.
Admitting that he is practitioner Of
medicine and enjoys substantial practice
within the suburban area and elsewhere
and that he maintains offices in Bethesda
with stated office hours and is subject to
the call of his patients. Dr. Perry denies
| in his answer that he devotes only a small
part of each day to the discharge of his
duties as commissioner. but insists he de-
votes large part of his time. both day and
night, to such duties, and declares that he
is entitled justly and within the meaning
and spirit of the law to receive $500 per
annum extra for ful-time work.
Continuing, Or. Perrys answer states
This defendant says that no demand or
complaint was ever made to the board
of county commissioners for Montgomery
county with respect to the payment to
this defendant of the said additional sum
of 5000 per annum; that the matter had
never been called to the attention of this
defendant or to the board in any way, and
this defendant says that the proper pro-
cedure on the part Of the plaintiff was and
should have been to have called the mat
er to the attention Of the board of COM
missionefs for such action as it might
denies that the board directed and ordered
all of the said payments to be made and
says that the payments were made. be-
ginning July /. 1928. out Of the 30-cent
suburban tax rate fixed by statute. which
assessment was authorized by the board
as part Of the levy"
The answer denies that the plaintiff g
taxes have been greatly and wrongfully
increased" and that they will be increased
unless the treasurer is restrain from
making payment to him for the reason
that the plaintiffs taxes would have been
increased by not more than so cents in
order that the sum of $500 might be paid.
and adds that 1.-The plaintiff not having
paid his taxes at all for the year 1929,
and having his property advertised for
, taxes in 1880. had therefore. paid no taxes
on account of the said sum Of $500 in
dispute"
Further answering. DIR. Perry states that
the entire sum of $500 is assessed only
upon those taxpayers Of the fourth CON-
missioner district il, such portion as is
represented by the suburban area.
DR.. Perry declares in his answer that he
permitted his name to be used and con-
sented to his election as county commits.
!. sioner not because Of any interest 10 the
salary. but in order that he might render
, as an interested citizen Of his community
a conscientious and able service for Mont
eomery County and for his district. border
ing as it does. upon the District Of Colum-
, bia. and to enable the county to procure
the great benefits to which it was entitled
by reason OF its proximity to the Nation
/ Capital City. He continues:
Since the passage of the act Of the
MARYLAND LEGISLATURE, chapter 602. Mary.