JOHN WALTER SMITH, ESQ., GOVERNOR.

361

and against the next kin and distributees of the estate of the
said John T. Gray, to recover said interest money ; and
WHEREAS, A demurrer interposed by some of the next of
kin of said John T. Gray to test the legality of the State's claim

CH A P. 260.

to said interest has been argued and decided in favor of the
legality of said claim by the Circuit Court No. 2 of Balti-
more City, and is now pending on an approval in the Court of
Appeals of Maryland for said decision on said demurrer by
the Circuit Court No. 2 of Baltimore City; and
WHEREAS, The said Circuit Court No. 2 in its opinion
recognized and declared : (A) That there was a great and irre-
concilable conflict in the decisions in the different jurisdictions
in this country as to the legality of the retention, by an official
receiving public funds to his own use, of money received as
interest on such public funds, and (B) that the following what
was at the time the established practice of officials receiving
public funds, justified no criticisms or reflection upon the per-
sonal or official integrity of the said John T. Gray, and
WHEREAS, the only fund out of which the State of Mary-
land could obtain satisfaction of such decree, if any, as it
might ultimately obtain, is a trust fund of thirteen thousand
one hundred and thirteen dollars ($13.113.00) in the hands of
The Baltimore Trust and Guarantee Company for the support
and maintenance of six infant and orphaned grandchildren of
the said John T. Gray ; and
WHEREAS, Said trust fund is the sole support of said grand-
children, one of whom is a helpless cripple ; and,
WHEREAS, Both the Attorney-General of the State and
Edgar H. Gans, Esq., one of the private counsel retained to
prosecute said claim, have, in writing, advised the Comptroller
that said claim is a proper claim for compromise ; and
WHEREAS, Said Edgar H. Gans, Esq., has expressed him-
self as willing to accept the sum of tive hundred dollars
($500.00) as full compensation for all professional services
rendered by him in said case of the State against Gray, and
Benjamin A. Richmond, Esq., the other special counsel
retained in said case by the State officers has expressed him-
self as willing to accept the sum of one hundred and fifty
dollars ($150.00) as full compensation for all professional
services rendered by him in said case of State against Gray ;
and

WHEREAS, It appears to the General Assembly of Maryland
that the case of the said infant and orphaned grandchildren
presents a strong case for equitable relief, and that the demand
of justice will be satisfied if This Baltimore Trust and Guar-

Preamble.