County Commissioners v. Banks

McSherry, J., delivered the opinion of the Court. In the preceding case of Drennen v. Banks, we, decided the Act of Assembly of 1894 ch. 25, which appointed the appellee, Banks, County Treasurer of Cecil County, to be constitutional and valid ; and in the case we are now about to dispose of, not only is the constitutionality of the Act again involved, but the further question is presented as to whether -a writ of mandamus ought to have been issued against the County Commissioners of Cecil County, requiring tiiem to deliver possession of the books and records of their office, and the books and papers of the County Treasurer to the relator Banks. The petition avers that Banks, who is the person’ appointed County Treasurer by the Act of 1894, ch. 25, made demand upon the County Commissioners to be admitted to the office of County Treasurer; that he further demanded they should deliver to him all the books and papers belonging to said office of treasurer, and also all records, books, &c., of the County Commissioners’ office, all of which books, papers and records the petition charges were then in the possession and custody of the County Commissioners, and to the possession and custody of which the relator claimed to be entitled under the Act of 1894. ’ It avers further, a demand of the privilege to occupy the room or office of the County Commissioners for the purpose of enabling the relator to discharge the duties of treasurer. All these demands the petition states the County Commissioners refused to comply with.

The answer of the Com-' ³²⁴ missioners admits that the relator demanded to be admitted to the office of Treasurer of Cecil County; that he demanded the respondents should deliver to him all the books and papers belonging to said office of treasurer, “and all records of which he was, by virtue of the said office, the custodian ; and that, for the purpose of the performance of his duties as treasurer, he be allowed to occupy the office of said respondents.” The answer then proceeds: “ But this respondent says that the office of Treasurer of Cecil County was, at the date of said demand, filled by a certain Benjamin M. Crawford, who claimed to be entitled to retain said office and the custody of all books and papers and records belonging to the office of Treasurer of Cecil County; and your respondent had no legal power to eject the said Crawford and install the said petitioner in said office.” It then denies that the respondent refused to allow the relator to occupy the office of the respondent. It continues: “ This respondent further denies, that the petitioner ever demanded of it that the respondent deliver to him the records, books, &c., of the County Commissioners’ office of Cecil County, or made any other demand in regard to books or papers, save as above admitted.” The relator demurred to the answer. The Court sustained the demurrer and directed the. writ to issue. From that order the pending appeal was taken.

The Act of 1894, ch. 25, amongst other things, expressly declares that the County Treasurer, for whose election in 1895 it makes provision, and that Banks, whom it in terms appoints County Treasurer until an election shall be held, shall have the custody of all the books and papers of the County Treasurer’s office, and the records, books, &c., of the County Commissioners’ office. This Act went into effect on February the twenty-first, 1894, and the term of the office to which it appointed Banks commenced on the first M'onday of May following. From and after that day Banks, who duly qualified and gave bond as the Act directed, was, by the explicit terms of ³²⁵ the Act, the legally appointed County Treasurer of Cecil County, and as such was undeniably entitled to the possession of the office and to the custody of the books, papers and records pertaining thereto, as well as to those belonging to the County Commissioners. If the Act of 1894 was valid, as we have decided that it was, it became the plain duty of the County Commissioners to obey its provisions, and accordingly to turn over to Banks, when he qualified, all the books, papers and records of which, under the Act, he was made the custodian.

They distinctly admit that he made a demand upon them for the delivery to him by them of “ all the books and papers belonging to said office of Treasurer of Cecil County, and all records of which he was by virtue of the said office custodian.” These included those belonging to the County Commissioners. But they aver, by way of excuse for their failure or omission to obey the law, first, that the Act of 1894 was invalid, and secondly, that a certain Crawford then filled the office of County Treasurer, and that they had no power to eject or displace' him. The first objection, respecting