The Republican. [volume] (Oakland, Md.) 1877-current, 1960-05-05
TO THE TAXPAYERS OF GARRETT COUNTY:

In statement appearing in this paper under the
tion Group Threatens Law Suit Over Drilling Payment
Mr. Hami Attorney to the Board of County Commission
is reported to have stated and I quote;
"Mr. Hamill said, approval of the payment had been
made February 3, 1859 He added that it nconceiv
able that any would object to the payment of bill
that the Court had considered fair and just"
The last part of this statement is completely ire
sponsibe The Court issued injunction against Commits
oners Brenneman and Swarzentruber to stop the drilling
at county quarry because unlawful County
Commissioner to contract with himself to do work for the
county
In opinion handed down during June of 1856 the
Court quoted the following Sections of the Law:
at shall not be lawful for any County Commits
sioner during his of office to hold, possess,
purchase acquire any share interest in
ment contract made, entered into or concluded
with any party parties, whOmsOever with the COun-
ty Commissioners of his County in his capacity
such Commissioner or to have, receive, enjoy
ticipate either directly indirectly, in any of the
benefits, profits emoluments of any such agree
ment or contract.
ut shall not be lawful for any County Commits
sioner during his of office, to accept, hold pur
chase acquire any claim on against the County
of which he is Commissioner, or any share or in
terest in such claim.
IF any County Commissioner shall violate any
provisions of the two preceding Sections, he shall
be liable Indictment, and upon conviction shall for
felt his office and shall also forfeit his share in the
agreement, contract, claim, as aforesaid as the
case may be-
After the opinion and injunction issued by Judge
Henderson in 1856 Brenneman took appeal to the high
est Court in the State.
The Court of Appeals stated that Judge Henderson
justified in his findings and they refused to order
the payment of the balance of the claim that Brenneman
making against the County. The last paragraph of
their opinion states the following:
eve are not in any way passing upon the amount
claimed to be due John Brenneman, or A. c. Brenne-
man, by the Board of County Commissioners This will
have to be determined by future proceedings, and
thinpi in in he OF
celOr is to be construed in any way passing
the merits of any such claim.
Disregarding the opinion of Courts this present
Board of Commissioners reached into roads
funds and paid this disputed claim They did this very
after taking office but it not made public at the
time.
Before the payment of this last amount of $16,206OO
to Brenneman before the drilling at the quarry
halted by Injunction, Brenneman had already been
paid total of $1519781, for unlawful work per-
formed with his equipment while serving as County
Commissioner The last payment of $6206O0 brings the
total amount of unlawful payments to Brenneman up to
the sum of $31 4O3.81.
He was paid $247 per foot for the first 1900 feet of
holes drilled the county After that he paid
the of $500 per foot He drilled in the neghbor
of 1850 feet the quarry, besides the drilling of
the we'll the County Garage After being stopped from
doing further drilling at the County quarry, he then
moved his equipment to Alegany County and did some
drilling in the overburden at coal mine stripping
alton, this he received 25c per foot against
$500 per foot for drilling the overburden at the County
quarry.
In view of the above we believe Mr. Brenneman had
already compensated before having been paid
this last large of $62060O by this present Board
We need to keep in mind that all this work per-
formed in violation of the law and that he could have
been indicted and required forfeit his office and
place the $151798 that had already been paid him be-
fore the Injunction was issued
JAMES ROSS,
Friendsville, Maryland
Chorp ToIn NorS' ACCnp iafiO