Evening star. [volume] (Washington, D.C.) 1854-1972, 1937-11-19
coming TEST SUIT
WRIT IS GRANTED
Montgomery Must Show
Why Special Appropriation
Should Not Be Barred.
BY a stafr CORRESPONDENT OF The Star.

By Stan Correspondent OF The Star.
ROCKVILLE, Md, Nov. 19.-The
Montgomery County Board Of Com
missioners today was ordered by the
Circuit Court to show cause why it
should not be enjoined from making
special appropriations to fight the test
suit filed by Peter Fritz, proprietor of
the Log Cabin Inn at Wheaton, chal-
longing constitutionality Of the zoning
laws and the entire act creating the
Maryland National Capital Park and
Planning Commission.
The board voted November 8 to ap-
propriate sum, reported to be $1,000,
for expenses incident to the case be-
cause it Is prohibited by law from en-
ploying special counsel. 1t was under
stood that the Park and Planning
Commission would pay for the services
OF Alfred Bettman Of Cincinnati, ma
tionally known 1oning authority.
Now Under Writ.
The commissioners now are under
an injunction prohibiting them from
interfering with Fritz in the oper-
alton OF his establishment. His trial
set for last September on charges of
violating the county coming ordi-
nances by operating commercial
establishment in residential area
has been indefinitely postponed. The
injunction suit is now pending in
Circuit Court.
The order to show cause filed in
behalf of Fritz by his attorneys. James
H. Pugh. Miss Vivian Simpson and
Joseph B. Simpson, jr., points out
that the county commissioners are
prohibited by law from employing any
other than the regularly appointed
counsel. post now held by F. Bar
nard Welsh, or to pay for any other
legal services not specifically au-
thorized by law.
1t further states that well knowing
that they had no authority to employ
additional counsel and in direct viola.
ton of the said law and for the Dur.
pose Of avoiding said statute did
authorize by an affirmative vote of all
members except Charles E. King, the
payment of one-half of the expense.
necessary to cover the cost for the
drafting, preparation OF maps. and
research work incident to the prepare.
ton of the defense"
The petition further sets forth thu,
the resolution was drafted for the pur.
pose OF "deluding" the plaintiff anc
Tor the purpose of paying additional
counsel for legal services in direct
violation of the statute"
Called Tax Burden.
The plaintiff points out that the
county and the Park and Planning
Commission already have ADEQUATE in.
formation. files and maps and a full
staff OF competent engineers and
craftsmen employed regularly at tota
salaries of $314o0 annually. He com.
plains that the $4,000 would be ar
added burden to the taxpayers.
The petition asks that the Com.
mlssioners be restrained from pay.
ing any sum for legal services, re.
search work, or legal advice to Mr.
Bettman or Charles w. Eliot, anothe,
authority on coming, or to any attor.
ney other than Mr.. Walsh in the
preparation OF the defense in thu
Fritz case.
In a statement after the court ordel
had been signed by Judge Charles w
Woodward, Miss Simpson said that tn,
Park and Planning Commission wa
not a party to this suit or the injunc.
ton suit already granted and thai
II the commission appropriated none,
Tor special counsel to assist the COUNTY
commissioners in defending either &C.
ton they would advise their client
that he has a right to seek 4 simila,
restraining order against the ParL
and Planning Commission.