Worcester Democrat and the ledger-enterprise. (Pocomoke City, Md.) 1921-1953, 1937-10-01
JUDGE CROCKETT
.DELIVERSOPINION
in LIQUOR CASE
Dismisses Bill Of Intefpleader
And Sustains CrOss-Bill Of
The Commissioners
REFERENDUM NOW BEFORE
AN ANNAPOLIS COURT

Judge James M. Crockett, of the
Circuit Court of Worcester County,
handed down last Monday the follow
ing opinion in the case of Archie Fl.
Hardesty, ct al, constituting the Liq-
uor Control Board of Worcester Coun-
ty, Plaintiff, and the Board of County
Commissioners, of Worcester County,
Defendants:
"This cause standing ready for
hearing and being submitted,
counsel for the parties were
heard, and the proceedings read
and considered.
cit is thereupon, this twenty
seventh day of September, 1887,
by the Circuit Court for Worces-
ter County, sitting in Equity, adj
the bill of interpleader filed here
in by Archie H. Hardesty, ct al,
constituting the Liquor Control
Board of Worcester County, be,
and the same is hereby, dismiss
ed; and that the demurrers filed
herein by the said Liquor Control
Board, Mayor and Council of Po-
comoke City and Mayor and Coun-
Gil of Berlin to the crosS-bill of
said County Commissioners be,
and the same is hereby sustained,
and that said cross-bill be, and
the same is hereby, dismissed, but
without prejudice.
"And it is hereby further ordered
that the said Liquor Control
Board pay all costs Of these pro-
ceedings."
This case while it contains numer-
GUS ramifications is one involving the
distribution Of certain profits arising
from the sale of liquor in the four
dispensaries of Worcester County.
BY acts of the latest session of the
General Assembly of Maryland, the
four towns in the county where the
dispensaries are located, Ocean City,
Berlin, Snow Hill and Pocomoke City
were authorized and empowered to
share with the County Commissioners
the above mentioned profits on $3.50
basis.
Prior to that legislation, the Com
missioners were receiving the entire
profits, and the litigation now, so far
as they are concerned, is for the pur-
pose of retaining the whole amount.
The decision of the Judge has the eff
feet of restoring the case to the same
status as it was before the suit be-
gan. The matter now is Gin statu
quo" and the litigants are free to
start again the fight when and how
they please. !
It is well known that proceedings
have been started by the Commission
ers to compel the Act of the Legisla-
ture, referred to above, to be submit
ted to the vote of the people, in the
form of a referendum, at the next cleo
ton.
The referendum side of the question
has already been passed upon by At
torney General O'Conor, who gave as
his opinion that the law, providing
for a $3.50 division of the liquor pro-
fits, was not referable. Notwithstand-
ing this, suit has been filed in Anna
polls to compel the Secretary of State
to place such referendum on the
ticket next fall. This court will pass
upon this some time this month.
Should the referendum defeat the
bill as passed, then the payment for
the New Municipal Building recently
erected in Pocomoke will fall on the
city corporation, since the city is
bonded for its part in the construction
of the new hall. The decision of this
court is awaited with much interest.