Cumberland Evening Times from Cumberland, Maryland on May 31, 1957 · Page 9
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Cumberland Evening Times from Cumberland, Maryland · Page 9

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Cumberland, Maryland
Issue Date:
Friday, May 31, 1957
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Page 9
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Dial PA 2-4600 for a. WANT AD Taker TIMES, CUMBERLAND, MD., FRIDAY, iMAY 31, 1957 NINE County Judge Challenges Assembly Act Terms Dcchu-nlion On Sanity Ruling Unconstitutional AN'N'APOLIS, '* — A 1943 act of the General Assembly granting a judge authority to declare a person mentally incompetent on the advice o( two physicians lias bcci) challenged before the Court of Appeals. . Judge William R. Hornc.vj ruled in Queen Amies County that] (lie act was unconstitutional be-| cause the authority violated a person's constitutional rights. ile refused to issue a decree for the sale of properly owned hyj William Rex Kaston, who was in a mental hospital. Judge Horncy said his original declaration of Kaston as an incotn|>etent was without authority and "is unquestionably a nullity." Wllllout Authority • John II. Uo5 : !c. who was handling Kaston's affairs, asked for court permission to sell .some property owned by Kaston. The judge agreed it would he to Eas-; ton's advantage to have the property sold, but said he had no authority to give !he permission. Prior to passast' of the l'J43 lau'. a person could be judged mentally Incompetent only in a court of law by a judge and jury. Attorneys for Doyle and litle companies' lawyers told (he Coi of Appeals that if his decision is allowed to stand it will throv. 1 doubt the titles of more than 1GO tracts of land sold by court order under the 1943 act. They said the purpose of the legislative act was to provide a new procedure for judges to determine incompetency and that il did not violate a person's con stituUonat rights. Under Advisement The court took the case under advisement. It did ths same withj cases in which: ' 1. The Board of Talbot County commissioners appealed from a Circuit Court decree declaring invalid their resolution rczoning from walerfront to suburban 00 acres of property owned by Fiob- ert F. and Herbert T, Austin. They contended lhat the original zoning of the land had been in error. 2. The Harford County commissioners asked reversal of a lower court ruling ordering them to improve a road to Glcnangiis. the horse and cattle farm of Larry S. MacPhail near Bel Air. They contended there was no lawful contract between them and MacPhail to provide the improve merits as (he lower court found. Baltimore Street at George Phone PA 2-3700 TO GET DEUKKK-- George W. Reissig, son of Mr. and Mrs. George K. Ilcissig, 1600 Holland Street, will graduate Monday from West Virginia University -with a bachelor of arts degree. A graduate of LaSullc High School, he attended Potomac State College before going to WVU. Dcissig plans to return to the university in the fall for graduate sludy. He served seven years in' the Navy and left that branch of the armed forces as a ^hicf electronics lechniciiin. ADVERHSEMENT - Personal Helen: Please come home, all is forgiven. 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HOW DO YOU DO IT? ... SIMPLY LIKE THIS . . . If we can save you 25c on every dollar you spend for food, and your present food spending amounts to $100 or more per month. Then figure it out for yourself. We save you S25.00 or more each month. This savings applied on the purchase of the freezer pays for the freezer within a short time. We have proven this to hundreds of families in this vicinity. Under no obligation to you. Let us see if we can prove it to you. DIAL PA 2-0920 FOR FREE FOOD ANALYSIS OF YOUR FOOD EATING AND BUYING. IT MAY BE THE SOLUTION TO YOUR FOOD PROBLEM. CAUL PA 2-0920. NO OBLIGATION. INVESTIGATE NOW. EAT BETTER. LIVE BETTER FOR THE SAME MONEY YOU ARE NOW SPENDING ON FOOD ALONE. Strong stamped steel garden tools TOU« CHOK1 Topered point hand tro**'*!, round pf- hand wreeder ood hand fork. Handy 3 cu, ft. Garden Barrow Easy to handle. Widespread legs prevent tipping. Leak-proof hopper. 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