Evening star., 1934-01-01
MISS ENG[E QUITS
AS COMMISSIONER
Convinced She Was Inellgi-
BILE for Montgomery
County Appointment.
BY JACK ALLEN,
SfaT Correspondent of The Star.

SILVER SPRING, Md, January l.
Miss Lavinia Engle OF Forest Glen, who
with Dr. George L. Edmonds Of Rock
vile was named In proceedings filed
In the Circuit Court at Rockville De
cember 81 in effort to oust them
from the Board of Montgomery County
Commissioners. has forwarded her
resignation to Gov. Albert C. Ritchie.
Miss Engle. the first woman TO hold
an important political post in Mont
Section IT of the State Constitution has
convinced her she is and was ineligible
for the appointment.
DR.. Edmonds. however. will not devi-
ate from his original plan to contest
the proceedings he declared at his
home. when advised of Miss Engle's
action.
He has until January to show cause
why he should not be removed from
Office. according to an order issued by
Circuit Court Judge Charles w. Wood
ward A hearing in the case is set for
January IL at 10 a m
Service in House Cited.
John E. OXley Rockville attorney,
petitioned the court for mandamus
writs forcing the two commissioners TO
vacate their offices. charging their ap-
pointmentS by Gov. Ritchie were un-
constitutional on the ground that he
Constitution prohibits any Senator or
Delegate from serving in any office
which shall have been created, or the
salary or profits of which shall have
been increased, during their term In
the State Legislature.
Both Miss Engle and DR.. Edmonds:
the petitions stated, were members OF
the State Legislature during the 1881
session, when the salaries of the Mont
Comerv County commissioners were IN
creased from 81 200 to $1,000 year.
Miss Engle and DR.. Edmonds were
elected TO the House in 1880 and SUD-
seouently were appointed commissioners
to fill vacancies caused by designations.
my legal advisers" Miss Engle told a
representative of The Star. tell me
that the proceedings instituted against
me can probably be defeated on technl-
cal grounds but l cannot feel that
public office should be held single day
after one has reached decision that
the constitutional provisions apply 10
the case.
Refuses to Stand in Way.
"At this time I believe local govern
ment is the keystone in the recovery
arch. On county and city admlnlstra-
tions rest the problem of co-ordinatlng
the social and economic readJustmentS
through which We are passing To stano
upon legal technicalities and endanger
a single step in that program would DE
as much treason as a dtsloyal act in
the time of war.
There are several elements in this
particular situation which call Tor
ANALYSIS and separation into their COM
ponent parts. The first Is the conStl-
tutional question Of eligibility and OF
ORDERLY government and that is an issue
between the state itself and the 1ndi-
vidual. I do not believe l am eligible
under section IT of the Constitution
and I have resigned.
The second is the part Of the pic
tlre that lies back of the interesting
proceedings Instituted oV young MI
Oxley and the two older gentlemen who
are reported to advise him. Three years
ago last Fall there was a primary cleo
ton in Montgomery County. Quite a
number of people in the county probably
recall it. those of us who took part in
1t will certainly never forget it.
Recalls OxIey's Defeat.
"In that primary young Mr. OXley
ran on one side of Democratic prim-
ary fight; 1 ran on the other. He was
defeated l was nominated. I am not
a lawyer but, as l understand the phil
osophy of the primary system, 1t is that
you submit your differences to vote of
the members of your own party before
al hn
didates nominated are, to your belief,
unfit to hold the Offices for which they
are nominated and their election would
constitute a danger to the State, then
q responsible citizen has every right to
carry his opposition into the general
election and beyond it
Recalling the activities of young Mr..
Oxley and his friends in the general
election in 1880 and their subsequent
actions I cannot fail to realize that
this is the situation presented to me.
and that my fitness or unfltneSs first as
an individual and citizen and sec
ondly as a Democrat Is the real Issue
involved.
II regret that the young man does
not live in my district, SO it might be
possible to settle it in the most direct
way possible, but I call his attention
10 the fact county commissioners n
MONTGOMERY come before the whole
county for election and that there will
be a county commissioner from Rock
Vile to be elected, shall be deeply
interested to learn whether he has the.
shall We say. intestinal fortitude' to
put the issue squarely up to the people
of Montgomery County in the primary
election in 1884"
Miss Engle has served as county
commissioner only IL days. She was
appointed by Gov. Ritchie on December
81 to fill the vacancy caused by the
resignation of Lacy Shaw, who lett
the board to become park commissioner
for the county. The custer proceedings
were instituted by OXley less than sly
hours after she had taken the oath
Of office.
Heads OF the Democratic organlZa-
ton for Montgomery County are ex-
pected to meet Immediately to recon-
mend to Gov. Ritchie a successor for
Miss Engle, and it is said that former
Mayor Ben C. Davis Of Takoma Park,
now a deputy clerk to the county COM
nissioners, is one of those being con-
Kidered for the post.
Recommendation by the organization
Is regarded as tantamount TO appoint
nent.