The midland journal. (Rising Sun, Md.) 1885-1947, 1935-08-16
Court Blocks Ousting
Of Road Supervisor
State Roads Commission Orr
dered To Reinstate Super
visor Unlawfully
Removed


Commissioners on Monday won its
fight with the State Roads Commits
sion to retain Jos. T. Richards,
Democrat, as county road supervisor
when the Circuit Court at Elkton
granted an injunction to prevent the
commission from replacing Richards
with William NJ Cameron. Repub-
lican appointee.
Had Richards been removed for in
competence the court said in grant
ing the injunction, the Roads Com
mission would have been entirely
justified in naming Cameron to sue
coed him. But a frank and honest
admission by the chairman of the
commission, DR.. Homer E. Tabler,
indicated that political and partisan
consideration had played part in
the appointment of Cameron to re-
place Richards, the court held.
Considered Test Case
The court opinion, filed by Judges
j. owen Knott and Thomas j. Keat-
ing, enjoined the State Roads Com
mission to reinstate Richards.
when all the testimony is taken
as a WHOLE" the court held, there
can be no escaping the conclusion
that Richards was competent and
conscientious public official"
Ending a legal battle which was
instituted by the Cecil County Com
missioners almost two months ago,
the injunction granted Monday is re-
garded in some quarters as a test
action to determine the right of the
Roads Commission to dismiss Demo-
cratic county roads officials and re-
pace them with Republican APP
pointees.
The County Commissioners con-
tended that although they had recon-
mended Richards reappointment as
supervisor. the State Roads Commits
sion had ignored their recommends
ton by appointing Republican who
had no special qualifications for the
position, thereby abusing the discre-
ton reposed in the State by status
providing for the appointment OF
such county officials.
DR.. Tabler was one of the Witness
es for the State Roads Commission
at a haring in Elkton about ten days
ago on the injunction proceedings.
Commenting on his testimony, the
court opinion said:
Court Quotes Tabler
eve feel that the testimony of DR..
Homer E. Tabler, chairman OF the
State Roads Commission, throws the
greatest light upon the issue to be
decided in this cause. The chairman
gave testimony to the effect that
upon taking office he made a study
of comparative costs of maintaining
county roads in the respective coun-
ties of the State. On cross-examtna-
ton the chairman was asked whether
the political equation didn't enter in
to it at all, and he answered: 1t is
possible that it might have possibly
fifty per cent"
''In view of the chairman's own
frank and honest admission it is in
escapable that to a considerable de-
gree the State Roads Commission was
Influenced in it's decision in remov-
ing Mr.. Richards and replacing him
with Mr.. Cameron by political and
partisan considerations, the court
opinion continued. st would be
against public policy to judge the
fitness of the county personnel on the
basis of their political status rather
than their ability to render the high
est degree of service as public SER
wants. 80.
Notes County's Rights
There can be no doubt that the
courts are without power to review
the decision of public functionaries
made in good faith in the exercise of
discretion vested in them by law.
However, it is well established that
courts will review the decisions of
such an agency when its actions are
so arbitrary and unreasonable as to
suggest improper motives.
There can be no question that
the County Commissioners are en-
titled to make recommendations and
that they have such an interest in the
subject matter of this cause as to en-
title them to maintain this suit for an
injunction to prevent the State
Roads Commission from arbitrarily
abusing the discretion vested in the
County Commissioners by the
statute.
1--WE are of the opinion that the
leyidence demonstrates that there has