The Republican. [volume] (Oakland, Md.) 1877-current, 1931-08-27
COMMUNITY OF MT. LAKE
FIGHTING INCORPORATION
Court Orders Mayor and Council
To Show Cause Why Injunc-
ton Should Not Be Issued
HEARING SET FOR SEPT. 8

HEARlNG Sci FOR SEFIs 3
An order directing Mayor Mac
Clellan Clayton and the recently
elected Councilmen of Mountain
Lake Park to show on or before
August 81 why they should not
be enjoined from asserting the
power and authority alleged to
have been vested in them by an
act of the Legislature of 1881, and
from assessing, levying and collecting
taxes upon the assessable property Of
the owners of the Park, was granted
in the Circuit Court for Garrett coun-
ty last Friday afternoon by Judge D.
Lindley Sloan.
The passage of the order followed
the filing of a bill by Fred. A. Thayer
and E. R. Jones, attorneys, represent
ing the Community of Mountain Lake
Park and several property owners,
praying that the Court declare the
act to incorporate Mountain Lake
Park illegal, unconstitutional and
void.
Complainants in the bill are the
Community of Mountain Lake Park, a
corporation duly incorporated under
the laws of the State of Maryland,
Charles w. Baldwin, T. Davis Rich
ards, H. V. Leighton, Mrs. Eliza
beth T. Talson, Mrs. Minnie o. Rich
ards, A. D. Naylor and E. L. David
son.
Parties defendant set out in the bill
are Mcclellan Clayton, Mayor; Will
son L. Camden, Thomas o. Schooley,
Floyd R. Utterback, James S. Elliott
and Albert F. Schrock, Council of the
town of Mountain Lake Park, who
were elected at the municipal election
conducted under the terms of the re-
cent act incorporating the Park, on
Tuesday, August II.
Reasons Given In Bill
The bill filed by the attorneys states
that the act impaired the obligations
of contracts contained in deeds and
covenants under which the property
is held by the Park Community, which
is against the Constitution of the
United States. Another reason given
was that the act made eligible for
civil Office of Mayor and Councilmen
citizens of other States.
The bill states also that the defen-
dants threatened to take control Of
the streets, roads and alleys of Noun
tain Lake Park, it's water supply and
electric lighting and other public util-
tiles, and in case taxes were not paid
to sell properties of citizens.
Decided by Election
At a referendum election on July
IA, under the power vested in the act
of 1881, it was decided to incorporate
the Community and adopt municipal
form of government. The incorpora-
ton was opposed by the Mountain
Lake Park Association and the Board
of Foreign Missions of the Methodist
Episcopal Church, which now owns
and controls all the public buildings,
two or three hotels and the greater
portion of the unimproved real estate
embraced within the Park boundaries.
At this referendum election all per-
sons qualified to vote for members Of
the General Assembly, residents Of
the Park for six months and all bona
fide property owners, holding title for
twelve months preceding the election,
and the, wives or husbands and their
children over 81 years Of age, were
privileged to vote under the act.
Founded as Religious Resort
Mountain Lake Park is known as .
religious resort and was founded to
afford opportunity for religious and
literary instruction and education.
The community's governmental at
fairs have always been in charge Of
an annual committee, composed OF
two members representing the Park
residents, two from the Mountain
Lake Park Association and one chosen
by the four.
The action instituted in the local
court has aroused considerable inter-
est in this section.
The Court has set September 3rd
for the hearing on the bill filed by the