Evening star., 1948-10-31

COullCll-lldlloSCI 4oAAA VA So'SA
ment in which all local laws, with
a few exceptions, would be adopted
at home instead of at biennial ses-
sions of the General Assembly in
Annapolis.
For many of the countys $4,000
registered voters, Tuesdays ref
erendum perhaps transcends in
Importance the presidential and
congressional elections and climaxes
a seven-month legal battle against
attempts to block a vote on the
question on the ground a key pro-
vision of the proposed charter is
unconstitutional.
The charter to be voted on con-
tsins four major changes from the
plan defeated four years ago. .
It provides for seven councilmen
instead of nine, with one to be
elected from each of the five COM
missioner districts and two to be
named at large.
The councilmen would receive SIC
for each meeting, not to exceed q
total of $1,000 a year for each
Under the 1914 plan the council
men would have served without
pay, but could get up to $500 a
year for expenses.
All county functions, under the
new plan, would be grouped under
three departments. finance, public
works and the Office of the county
attorney. The 1914 charter pro-
vided for seven departments.
Finally, the nonpartisan election
provision in the 1914 charter has
been eliminated from the present
plan.
Other Provisions
The Department of Finance woulc
take over the duties of the county
treasurer, county controller and the
present Assessment Department.
The Department of Public Works
would be charged with the construc-
ton and maintenance of roads anc
streets and county buildings.
The county attorney, to be ap.
pointed by the council on full-tim
basis, instead Of part-time, as al
present, would prepare legislation
and conduct all legal matters affect.
ing the county.
All other functions, including fire
and police protection, health anc
welfare would be placed under the
supervision Of the county manager
who would be appointed by the
council at a salary not to exceed
$4,000 a year.
County employees, already under
civil service, would be b,anketed into
a merit system administered by a
three member personnel board
They would receive $40 a day fol
each day OF service, with a maximum
of $500 year.
Bond issues would be limited to I
per cent of the county's assessable
base and would be subject to ref
erendum. A referendum also could
be called on any pending legislation
Although the council could enact
all local legislation, 1t could not pass
laws affecting the washington Sub
urban Sanitary Commission and
the Maryland National Capital Park
and Planning Commission, both OF
which serve both Montgomery and
Prince Georges Counties. Nor would
provisions of the charter extend to
incorporated towns or special taxing
areas.
Sought Injunction
The charter would become law 80
days after it's adoption and an elec-
ton of council members would be
held IS days after that. The county
commissioners would remain in office
only until their terms expired.
It was only recently that the
Maryland Court of Appeals gave the
referendum a green light in dismis-
sing the bill Of complaint of Hubert
A. Schneider, Bethesda and Wash
ington attorney.
Mr.. Schneider sought an injunc-
ton to prohibit the Board of Elec-
tion Supervisors from placing the
proposed charter on the ballot.
The appellate court also reversed
q Circuit Court ruling ordering the
removal of the disputed provision
from the document. The provision
would permit a county council to
adopt a budget and appropriate
funds in a June executive session.
Mr.. Schneider had contended
these functions are legislative and
must be exercised in the councils
one-month legislative session in
May.
Validity Questioned
Although the appellate court rul-
ing was hailed by charter support
ers as establishing the plans con-
stitutionality, new doubts over Its
validity were raised by nine county
attorneys, including two former
presidents Of the County Bar As
sociation.
They claimed the court decision
had not settled all questions which
might arise concerning the charter
constitutionality.
AS result, they said, approval o1
the charter would throw county af.
fairs into confusion and q "whirl.
pool Of litigation"
This was denied, however, by
charter leaders, who charged the
attorneys with bad faith" in max.
ing public their objections in the
closing days of the campaign.
On the outcome of the referen.
dunn depends, to a large extent
whether a similar movement for q
change in government will bt
launched in neighboring Prince
Georges County.