Evening capital. (Annapolis, Md.) 1884-1910, 1903-07-01
ELECTION INJUNCTION CASE.
DEMOCRATS VS.. REPUB-
LIcANS.
Argument of Counsel Before
The Circuit court-Judge
James Revell On
The Bench.
COURT GRANTS INJUNCTION.

by Edwin &. CAN'T, counsel Tor Col.
Luther II. Gadd and the other nominees
OF the Democratic party Tor City Council.
against the corporation OF the city of
Annapolis. and Charles M. Robinson.
clerk. praying that they be restrained
IRON placing on the official ballot the
names OF the Republican nominees, made
al the city convention held on Monday,
Tor May or, Counselor and Aldermen, ON
the ground thar the general election law
required the nomination papers 10 be
filed at least fifteen days before election,
which takes place on July I3th, when
only twelve days were given, was heard
in the Circuit Court this morning before
Judge james Revell.
w. Hallam Claude, counselor for the
Corporation, opened the case. He said
this case was not mandamus, but an
injunction restraining the Corporation
IRON placing upon the official ballot the
names OF the Republican candidates 10
be voted tor by the legal voters at the
city election to be held on July 18th, in
1893. lie read from a number Of authori-
ties showing the absuTdity OF the iniunc-
ton and contended that there was no
law, general or local, for such q thing.
Mr.. Claude asked what injury was Il to
Col. Gadd. the Democratic nominee, TO
have the name of Samuel Jones. the Re-
publican nominee, placed on the official
ballot II no injury is done him or his
associates, said Mr.. Claude, then there
is no relief in Court OF Equity to be
obtained, for the reason that they are
not damaged. The relief they are trying
10 obtain Is hne-sided election-trying
10 defeat the rights Of the ireemen OF An
naPolis, right given. them by inheri-
tance. He said the Court was more
familiar with cases Of this kind than any
other Judge on the bench In the State of
Maryland, as this court has been filed
with more trash OF election contests
than any county in the State. He quoted
from the law on general elections OF 1894,
1902 and the city Of Annapolis, covering
the city election. and contended there was
not cinsilla Of law covering this injunc-
lion.
Mr.. Claude was followed by Mr.. Elihu
5. Riley, associate counsel for the Cor
poration, in a most iorcible argument.
quoting many authorities on the subject
oi rights of citizens, and conlended that
this was an attempi 70 govern by iniunc-
ton instead OF by the people, who have
the right to govern. He quoted from the
law Of 1894, and then he said we 90 back
70 the ACT OF 1902, and there was not a
word or implication that applied to this
case. He said this case was different
from the one that was argued a few
days ago, when both Republicans and
Democrats joined hands on equal ground.
Mr.. Riley said they had been unable for
want OF time 10 load their guns with all
the legal authorities ol our friends on the
other side, who had their guns cooked
and primed with all the ammunition in
the law libraries, while they had only a
few hours time in which 10 prepare their
case. He said if courts have the right TO
construe then law, the free elections are
at an end and freemen's rights are a
thing Of the past, and he would here
submit his case.
Mr.. Z. G. CAN'T, counsel for Col. Gadd
and the other Democratic candidates
contended that the Court Of Appeals has
over and over again established the rights
Of the people from restraining corpora atIons
from doing certain acts. He said the
mode OF procedure was different, but the
ruling was the same. He read from
Section ! OF the election law of the State.
which gives the Board OF Supervisors OF
Election charge OF all elections-locaI.
special and municipal. There Is no law.
he said. giving Anne Arundel county
this authority; they cannot violate the
Law on the statute books. The only dif.
ference. he said. between the general law
and the local law 10 the transferring Of
lDe authority to the Corporation to con-
duct or manage their own election. All
that we contend by this Injunction il that
the Corporation has no right under the
Law OF 1907 to put the names Of the re.
spondenis on the official ballot. The
local aud general laws cannot conflict.
Mr. Can't read from number OF aulhori.
ties to substansiate his argument.
Mr.. CAN'T was followed by Dennis
Claude, ESQ.,, who closed the case for
the corporation Of Annapolis in some
forcible remarks, quoting from a number
of authorities bearing on the case. Al
the close OF ms remarks the case was
submitted 70 the Court, who said the
opinion would be fled later, after fully
considering the case. The decision Of
the Court is looked for with much in
terest. As upon this decision hinges the
right Of the Republican candidates going
on the official ballot.
Al four o'clock this afternoon the opin-
ion and order Of Court was filed, over
ruling the demurrer and directing the
writ OF Injunction to MISUNDERSTANDING
the corporation from putting the Repub-
lican nominees on the official ballot.
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