Evening star. [volume] (Washington, D.C.) 1854-1972, 1949-05-22
Home Rule Bills
Are Introduced
In Montgomery
Other Measures
Include Authorization
Of School Bond Issues
By John V. Homer

BY John V. Homer
Bills were introduced yesterday
before the Montgomery County
Council to achieve through coun-
ty laws two home rule" detectives
which the recent session Of the
Maryland General Assembly fiat
ly rejected.
Proposals submitted at legis-
lative session in Rockville would
wrest from the county's Liquor
Control Board the title to it's Sill
yer Spring dispensary and would
take from the Washington Su-
burban Sanitary Commission the
duty of collecting garbage in the
area nearest the District. Both
moves were beaten at Annapolis
by Administration Democrats.
In busy meeting which lasted
less than two hours the council
also received 10 other bills, includ-
ing measures authorizing a S.
O00.O 900 bond issue for school con-
struction and a $1,000,000 bond is
sue for roads and public buildings;
q measure charging the suburban
tax district and one amending the
Juvenile Court law.
Four Laws Enacted.
The council enacted four laws,
bringing to five the total number
passed during its 1949 legislative
session this month. These laws,
all of which become effective Au-
gust Is. establish a county De-
partment of Inspection and
Licenses, give Takoma Park po-
lice exclusive jurisdiction in that
city, set up q fire tax district for
Sandy Spring and authorize the
employment of a Circuit Court
reporter at a monthly salary not
to exceed. $3.50.
The $5,000,000 school bond is
sue, if approved, would not neces-
sarliy be used. Mrs. Ralph E..
Himstead, the sponsor, said it is
intended as protection" Bonds
would not be foated if the coun-
Gil decides to finance new school
buildings with State funds. The
latter course is expected to be
followed because of a State grant
maid. Mrs. Himstead said her
bill simply provides an alternative
method of financing if unforeseen
delays arise in obtaining the state
money.
Councilman P. Garland Lyon
sponsored the road and building
bond issue. His legislation would
permit the construction of storm
water drainage systems.
Pet Measure introduced.
A bill by Councilman A. r.
Selby would establish a Hyatts-l
town fire taxing district, and
another by Mrs. Himstead pro-
vides for extending the boundaries
of the Cabin John fire district.
Other measures introduced yes
terday would enable the council
to adopt ordinances relating to
the licensing and protection of
dogs. cats and other pet animals;
regulate auction sales. and make
technical amendments to laws on
the collection and disbursement of
county funds. Still another au-
thorizes the county manager to
accept streets for maintenance
by the county.
Councilman j. Douglas Brad
shaw sponsored both home rule"
bills. In view of their political
history. either is a fair target
for court action, If adopted. and
both could become issues in fu-
tue elections.
The Liquor Control Board was
given title to its dispensary by act
of the Assembly. The Montgom-
cry County all-Republican dele
cation sought to have the title
transferred to the council this
year. on grounds that the building
was constructed with county
funds. BY a strictly party vote,
the Democratic controlled legis-
lature refused. In doing so, it
followed the wishes of E. Brooke
Lee, vice chairman of the Mary
land National Capital Park and
Planning Commission, whose
Offices occupy most of the struc-
ture.
May Result in Court Test.
Before World War II, garbage
collection in the suburban areas
was handled by private contrac-
tors. An emergency brought on
by shortage of labor and equip
ment led the former county COM
missioners to propose that the
Sanitary Commission perform the
service.
Council members consider refuse
collection a duty for the county
rather than the commission,
which is a bi-county agency. In
this instance, too, the General AS
sembly refused to extend the
councils authority.
Mr.. Bradshaw's bill seeks to
accomplish the transfer under the
councils right to enact county
legislation. 1t points up con-
f1ict of views on home rule"
powers, and therefore may lead
to a court test. Under the bill.
the Sanitary Commission is "di-
rected to convey by June 80, 1850,
all of the real property
owned by it within Montgomery
County and used in connection
with the refuse collection and dis
posal system presently operated by
it, as well as all vehicles, ma
chinery. equipment and books Of
account owned or possessed by it
and used or employed in the op-
Grafton of the said system"
The bill further provides that
the county assume garbage system
obligations of the commission