Evening star., 1936-06-11
STATES APPEALS
COURT ENDS TERM
Maryland Tribunal Upholds
Right of Married Women
to Separate Estate.
nvs tha Aaanetatnd ppasa
BY the Associated Press.

ANNAPOLIS, Md, June 11.-Jurists
of the Maryland Court Of Appeals
recessed last night after filing IS
opinions and clearing the April term
docket with the exception Of two
cases.
In its more important decisions the
court ruled:
That contractors are not chargeable
with the States l per cent gross re-
ceipt tax for materials used in the
erection Of building or the construc-
ton of a road.
That the Mayor and City Council
of Cumberland have the legal right
to buy property at tax sales.
That the legislative act of 1898 and
supplemental acts of 1900, 1904 and
1916 did not abolish laws governing
the equitable sole and separate estates
Of married women.
That a mercantile corporation.
under the State law, can employ a
registered optometrist to practice In
its place of business for its benefit.
Board Brought Suit.
The optometrist case was instituted
originally in the Baltimore Circuit
Court No. by five optometrists, con-
stituting the Maryland State Board of
Examiners In Optometry, individually
and suing as board, together with
the Maryland Association of Optom-
etrists, Inc. They sought an injunc-
ton to prevent the Castelberg Jewelry
Corp. Baltimore, from employing
registered optometrists in connection
with its business of selling spectacles,
eye glasses and other optical goods.
The Baltimore court dismissed their
bill for an injunction. The optometrists
appealed. Judge T. Scott Offutt, in
the opinion of the appellate court, af-
f1rmed the Baltimore court ruling. He
also questioned the right of the State
board to enter the suit.
Without laboring the question, 1t
may well be doubted whether the
Board of Examiners as such have the
power to maintain such suit" the
appellate court said. Its duties, which
are very clearly defined in the act, do
not include that of enforcing its pro-
visions by civil litigation, and, indeed,
there is nothing in the language Of the
act to permit the inference that the
board may use the moneys which it re-
ceives to enable it to function, to en-
gage in litigation in which it has no
interest"
Essentially Mechanical Art.
The court held that optometry lis by
its nature empirical rather than
learned" and was essentially a me-
chanical art"
Judge D. Lindley Sloan filed the
opinion for the court, which upheld a
ruling by Chief Judge Samuel K. Den
mis- in the Superior Court of Baltimore,
that contractors did not have to pay
the per cent gross receipt tax on
materials. The effect of the decision is
from S25, 600 to $35 1000 in taxes will be
collected from material supply dealers
Judge F. Neal Parke spoke for the
appellate court in the case involv-
ing separate estates of married women.
He affirmed ruling of the Baltimore
Circuit Court directing Mr.. and Mrs.
William H. Bishop, jr., to complete
contract to purchase tract Of land
in which Mrs. Elizabeth Clarke Cor
don holds a one-third interest. Mrs.
Gordon's first husband, Douglas H.
Gordon, had left her one-third of his
estate free from the control of any
husband which she may at any time
have"
The Bishops requested that Alex
ander Gordon, who Mrs. Gordon mar
ried in 1888 and from whom she was
granted a partial divorce, sign the
deed to the property they we're pur-
chasing. The trusteers of Mrs. Cor
don's property held the signature un-
necessary. The suit followed.
Judge Offutt, speaking for the court,
affirmed a decree of the Anne Arun-
del Circuit Court annuling two deeds
to property at North Beach Park.
Mrs. Annie Mead, before her death
in 1882, executed deed conveying
land and cottage at the park to Mr..
and Mrs. Michael j. Lane. The Lanes
conveyed the property to Mrs. Mead
and son, Robert S. Mead, as joint
tenants. In 1888 other surviving chill
dren of Mrs. Mead filed action to
have the deeds annulled.