Evening star. [volume] (Washington, D.C.) 1854-1972, 1948-07-14
Charter Section
Ruled Invalid
In Montgomery
Executive Session
Fund Appropriations
Ordered DeIeted

A provision in the proposed
Montgomery County charter was
ruled unconstitutional by the
County Circuit Court today.
Despite this, the court said the
people should have an opportunity
to vote on the charter, as scheduled,
this fall
The provision held to be invalid
would permit a proposed Montgom-
cry County Council, which would
replace the present Board of County
Commissioners, to appropriate funds
in executive session.
Judges Charles w. Woodward and
Stedman Prescott said the plaintiff
in the suit is entitled to have the
offending provision deleted by other
court proceedings. The plaintiff,
Hubert A. Schneider, Bethesda and
Washington attorney, sought to pro-
hibit the Board of Election Super
visors from placing the proposed
charter on the ballot in November.
Attorney Brings Action.
Lie dCt1OIl WdS UlOuSllt dSd1lloI
the election supervisors, the County
Charter Board which prepared the
proposed new plan of government
and the County Charter Committee,
chief prepayment of the new plan.
Mr.. Schneider commended that
budget appropriations by the council
should be made in May-the month
set aside in the proposed charter
for passing laws-and not in a June
executive session which also is pro-
vided in the charter.
The court held that even If the
questionable provision is deleted
from the proposed charter, the docu-
ment would remain as "a workable
framework for possible government
functioning."
The court also rejected the de-
PENDANTS contention that it is with
out jurisdiction in the case since
the charter may never be adopted.
Dangers are Cited.
If the charter is adopted and ap-
preparation of funds later are de-
clared by the courts to be "enacting
legislation" the court said, the coun-
ty might be left without power to
make a budget or to appropriate
funds until the following May. This
situation, the court said, probably
could not be remedied even by a
special session of the general as
sembly.
AS for the defendants claim that
the County Council could pass leg
islation in May authorizing it to
adopt budgets and appropriate funds
in June in executive session the
court made this observation:
IF this contention were sound it
would completely circumvent that
provision of the MarylandD con-
stitution requiring all legislation to
be completed in one month. It is
obvious that If the county council
in legislative session could author
ize itself in executive session to
carry out legislative matters after
the months legislative session, the
constitutional mandate is meaning
less"
Appeal Is Planned.
Col. Norman B. Ames. chairman
of the Charter Board and president
Of the Charter Committee, said an
appeal will be taken to the Mary
land Court of Appeals. The court
will be asked to place the case on
its docket Immediately, he said.
Col. Ames also said attorneys rep
resenting the two charter groups
probably will meet tomorrow night
in the Rockville office of Thomas
c. Kelley to map future action. A
meeting of the Charter Board and
Charter Committee will be held
soon, he said.
Col. Ames expressed doubt that
any changes would be made in
the charter as the result of the
courts decision.