Evening star., 1954-12-10
Maryland Sees
Many Problems
In Home Rule
General Assembly
Faces Headache
Over Changes
By ChorIes [. Hoffman

By ChorIes [. Hoffman
Maryland's home rule for
municipal corporations, approved
by a big majority of the voters
last month, is taking on all the
appearances of a legislative head
ache for the General Assembly.
"The State has gone from one
extreme to another" Carl N.
Everstine. director Of the State
department of legislative refer
ence, said today.
The bill providing for the con-
stitutional amendment referen-
dunn moved fairly easily through
the General Assembly In It's last
session-so easily that some legis-
lators now are deploring it as an
example of too much govern
ment by slogan"
Legislation to implement the
amendment is expected to be
one Of the biggest headaches the
General Assembly will have when
it convenes January S.
Prior to passage of the amend
ment cities and towns had to
go to the legislature on even
minor matters. Now, however,
the legislature Is barred from
enacting laws governing mu-
nicipal corporations which are
strictly local in their effect.
Status Of Agencies.
One big problem created by
the amendments passage is the
new status of bi-county agen-
cies such as the Washington Su-
burban Sanitary Commission and
the Maryland-National Capital
Park and Planning Commission.
In 1948 ruling on a liability
claim against the Sanitary Com
; mission, the Maryland Court of
Appeals held the commission to
be a municipal corporation as
described in the State consti-
tuition.
DR.. Everstine and the Mary
land Municipal League have
drawn UP a bill to implement
the new amendment and have
defined carefully municipal cor
porations to exclude special tax
ing areas such as the bi-county
agency.
at is obvious the amendment
was not intended to affect such
agencies" DR.. Everstine said. He
AIDED legislative intent certainly
would be weighed in any court
test Of the matter in the future.
Comedies Doubt.
DR.. Everstine conceded i1oW-.
ever there remains an element
of doubt as a result Of the courts
former ruling.
The doubt Is such that the
special commission named by
Gov. McKeldin to study the
Sanitary Commission and make
recommendations for legislation
concerning it has decided to pre-
face its recommendations and
report with a note to the General
Assembly concerning it's ability
to enact purely local laws
affecting the commission.
Effectiveness of planning and
coming in the regional district
in Montgomery and Prince
Georges Counties also may be
jeopardized by the home rule
amendment.
Blair Lee III. head of the
Montgomery delegation to the
Assembly, has asked DR.. Ever
stine in letter to see that home
rule legislation does not include
coming powers for municipali-
ties.
Threatens Zoning.
DR.. Everstine today pointed
out that municipalities are
granted broad powers to amend
their own charters now and un-
less a Statewide law is passed
to protect regional zoning the
towns will be in a position to
grant zoning authority to them
selves.
Mr.. Lee said that such powers
could lead to a situation such as
exists in New Jersey, where one
town will put industrial zoning
on its border abutting high
valued residential developments
In another community.
Others fear the home rule pro-
visions also may make virtually
worthless county charters such
as Montgomery now has.
II a town should amend its
charter to give it authority to
adopt a building or road code,
Montgomery County then would
be unable to enforce its code in
that community.
The bill being submitted to
the legislature also provides for
incorporation Of any area with
Q population OF at least 100 and
this could lead to a mushroom
ing of Incorporated towns where
rigid coming and building laws
Of the county could not be en-
forenS