Worcester Democrat and the ledger-enterprise. (Pocomoke City, Md.) 1921-1953, 1937-02-19
AUXILIARY units
ARE ENTITLED TO
SAME BENEFITS

the same extent as regular firemen,
according to ruling made by Attor-
ney General Herbert r. O'Conor.
In an opinion to John F. McNulty,
Chairman of the Legislative Commit
tee of the Maryland State Firemen's
Association, Mr.. O'Conor ruled that
recent legislation providing benefits
for volunteer firemen should be ex-
tended to units working with them
such as rescue squads and salvage
corps. He said:
"In enacting the legislation under
consideration, the legislature recog-
nized the excellent work done by vol
unteer fire companies in the rural
sections of the State in eXtinguish-
ing and preventing fires. Members
of the Rescue Squads and Salvage
Corps, I am sure, perform most use
full and valuable service in connection
with this work, and in view of the
legislative purpose, I am of the opin-
ion that the members of an auxiliary
unit, in good standing and of an in
corporated volunteer fire company, in
jured as a result of active partici-
patton in fighting fire or while go
ing to or from a fire, are entitled to
the benefits enumerated"
Mr.. O'Conor also made two other
rulings, one to the Commissioner of
Motor Vehicles and another to G.
Ellington Bell, Sheriff of Montgom-
cry County.
The opinion to the Commissioner of
Motor Vehicles interpreted the Mary
land Financial Responsibility Act
which requires suspension Of the IL
cense Of a driver for non-satisfaction
Of a Judgment arising out Of an au-
tomobile accident. Mr.. O'Conor ruled
that this statute applies to automo-
bile accidents occurring out Of the
State Of Maryland, as well as acct
dents occurring in the State.
"A contrary finding, he held,
"would defeat the very purpose of the
Financial Responsibility Act which is
to afford some measure of protec-
ton and possible relief to innocent
parties involved in automobile acct
DENTS"
The opinion to the Sheriff of Mont
gomery County held that sheriffs are
not required to serve civil writs and
other papers issuing from justices of
the peace and police justices in the
counties, in the absence of special
statute. He ruled that this work was
the duty Of constables and not of
sheriffs. Therefore unless some 10
cal statute requires it, sheriffs need
need not do the work for justice
courts, according to the opinion. Dis
cussing this question Mr.. O'Conor
said:
"The office of Sheriff is one of the
Oldest in our system of government
and his duties are those that general
ly went with the office at common
law, in addition to any duties added
by statute. Neither the Constitution
of Maryland nor the general or local
statutory laws set forth the duties
of a sheriff. The Constitution mere
ly requires the Sheriff to exercise
such powers and perform such duties
as now are or may hereafter be fixed
by law In the general statutes
there is no statement of the duties
of sheriff but it is clear that such
duties as are enumerated refer to
courts Of general jurisdiction, and not
to justices of the peace. In the local
law for Montgomery County, there
is no requirement that sheriffs serve
writs for justices of the peace. Con-
stitution of Maryland, Article A, Sec
ton A; Code Article 81 sections 1 to
81; Code of Public Local Laws of
Maryland, 1880 Edition, Article 16,
sections 1876 to 9O1. Of course the
Legislature may add to the duties of
a sheriff as was held in Green VS.
State 122 Md. page 2S8, but in the
absence of such legislative mandate
the Sheriff's duties are to attend and
carry out orders of courts of general
jurisdiction.
"On the other hand the office of
Constable has always appertained to
justices of the peace. The State Con-
stitution' provides for these officials
in the same section, making their ap-
pointments co-terminous. Thomas
states that The Constable is the prop
er officer to Justice of the Peace,
and bound to execute his warrants
and, therefore, where a statute author
ICES Justice to issue a warrant,
without saying to whom such warrant
shall be directed, or by whom it shall
be executed, the Constable is the