The Republican. [volume] (Oakland, Md.) 1877-current, 1950-05-25
FULL OPINION IN
SCHOOL BUILDING
CASE IS RECEIVED
Appeals Court Judge Gives Rea-
sons Why Decision of Lower
Court Is Upheld On Local Issue

sons Why Decision of Lower
Court Is Upheld On Local Issue
The full opinion Of the court Of APP
peals Of Maryland in the suit for in
junction brought by eight taxpayers
of the county to restrain the Board
of County Commissioners from eX-
pending borrowed money for con-
struction Of two high school buildings
near Oakland and the Cove, was pub
lshed Tuesday in "The Daily Record"
legal newspaper published in Balti-
more.
The opinion was given by J. Della
plaine, one Of the five judges who
heard the case.
The first portion Of the opinion
gives resume Of what the bill con-
tains and what the eight taxpayers
charge is unlawful ON the part Of the
Commissioners if they carry out their
proposed plan.
Compliments advanced the objec-
ton that since they were not in
formed of the special grounds of the
demurrer prior to the hearing they
were unable to prepare sufficiently
for the argument Of the case. The
Judge pointed out in his opinion that
the motion me rccipiatur,' was not
filed until few minutes before the
hearing on the demurrer before the
full bench after the three Judges had
come to Oakland, that at no time dur
ing the period Of forty days prior to
the hearing was any objection made
having the case heard on demurrer;
that even on the day Of the hearing
counsel for complainants did not ut
ter a word of complaint that they
were unprepared to argue the case;
that they not only argued the case
but submitted brief to the Court;
and that the first time any complaint
was made by counsel for complain
ants that they were unprepared to
argue the case was when they made
the statement in the brief filed in the
Court of Appeals.
The Judge found it unnecessary to
reverse the decree on technical
grounds. On the merits Of the contro-
versy he declared:
I'VE come now to the merits of the
controversy. The two main charges
of the bill are: (D that the County
Commissioners are planning to aband-
on the high schools in Accident,
Friendsvllc, kitzmiller and Grants
Vile; and CD that, if they carry out
their plan to construct the two high
school buildings at cost Of $4,000
600, no money will be left to make
any improvements to the existing
school buildings.
Concerning the alleged abandon
ment Of the four high schools, it is
sufficient to say that the County
Commissioners have no authority to
abandon any high school Except
where otherwise provided by statute,
educational matters affecting a Coun-
ty are under the control of the County
Board Of Education. Code 1919, art.
II, sec 3. Moreover the Act of 1917,
now under consideration, provides
that all plans for the erection Of new
school buildings shall be subject to
the approval Of the State Superin-
tcndent of Schools. There is also
provision i'm the State Public Educa-
ton Law that the State Superintend-
ent of Schools shall, subject to the
rules and regulations of the State
Board of Education, pass upon all
proposals for the purchase Of grounds,
school sites or buildings. Code 1889,
art. n, sec. 80. In the absence Of any
allegation in the bill to the contrary,
it may be assumed that the challenged
plans of the Commissioners were APP
proved by the State superintendent.
The law is firmly established that
court Of equity, on the suit of
taxpayer, Will restrain municipal
corporation or an administrative
agency from entering into or per-
forming an unlawful or ultra wires
contract when such action may in
iuriously affect the taxpayers rights
and property. But where the action of
Continued on Page Four)