Evening capital. (Annapolis, Md.) 1884-1910, 1905-08-08
INJUNCTION is NOT ISSUED.
Circuit Court For Anne Arundel
County Refused To Inter
fere In Case.
BOTH SIDES ARE CLAIMING AN
ADVANTAGE.
Plaintiffs Seem To Have Rather
The Better of The Argu-
ment Today.

In the Circuit Court for Anne Arun-
/ del county this morning, with Ohiet
/ Judge l. Thomas Jones. on the bench,
/ Cile petition of Frank ). Revell, et.al,,
| for temporary injunction TO restrain
| the Supervisors of Election of the
| county and five members of the DEM
/ cratic State Central Committee from
| holding q primary election on Satur-
/ day, was refused,
The decision of the court, however,
was in a way peculiar one and as
result both sides are claiming 10 have
gained a point with the actual facts
in the case rather in favor of the
plaintiffs representing the Moss Ban
non faction of the Democratic party.
The contention Of the defendants
counsel throughout the arguments had
been that the court had no jurisdio-
tiou in case of tn sort. This the
court granted in rendering its deci-
sion, but did so in n manner rather
favorable to the plaintiffs. The
grounds taken by the court were that
it had no jurisdiction i'm issuing a
temporary injunction as asked for the
defense of the personal, property, aud
other rights of the plaintiffs, as thoir
rights were in no danger.
Judge Jones said that if the partic-
ulars as set forth in thespetition of the
plaintiffs were true, which had not
been denied by the other side, then
the plaintiffs position was so strong
as 10 leave them in u position which
did not in any way need protection
from the courts. They, the plaintiffs
had, said he, exercised every right in
the matter, and had complied with all
the provisions of the law, and If they
were then the lawful nominees of the
party another primary would not in
any way hurt them, and any one else
mighht just as we'll go out Immediate
" aud hold primary on the front
porch of the Court House.
The counsel for the defendants i'm
the bill, who are the Board of Super
visors of Elections for the county. and
Messrs. George Wells, Benjamin r.
Davidson, Frank A. Bond, Charles H.
Brooke and James II. Brashears. made
the principa contention over the point
as to whether a court of equity had
the proper jurisdiction to,intervene in
\ "a case Of this kind to prevent body
| of men from conducting the primary
| on Saturday. The only and proper
| course in such case they said would
/ be to appeal to the courts after nOmi-
| nations are made for mandamus to
| compel the supervisors TO place ,one.or
1 the other ticket upon the official bal
| lot to be voted upon at the election
Mr. Robert Moss. in opening the
argument confined his remarks prinoi-
| pally upon the point of the legality of
| the State Central Committee chang
/ ing the date of the primary to an
/ other time. just one day previous to
/ the original date arranged.
In defending the position of the Su-
/ peryisors in the matter, Mr. Ridgely
| p. Melvin, counsel for the board,
stated that the boards s only duty in
| connection with the case was to see
| that the primary election laws for tho
county were complied with.
| Following Mr. Melvin, Mr.. James
w. Owens. local counsel to the State
| Central Committee, spoke briefly upon
the illegal actions of the old board of
supervisors and the charges preferred
by Gen. Frank A. Bond, which led
to the removal of Mr.. Frank S. Revell
from membership in the board.
| just previous TO the hearing this
morning counsel for both parties
named as defendants to the proceed
ing filed their answers. Mr.. Melvin,
for the supervisors, outlined the
| D0hru pOsltlOH III Complying WIN
the law as to primary elections and
denying certain of the allegations in
1.-the plaintiffs bill. Ex-Governor
, Whyte, chief counsel for the State
!, Central Committee, filed a general
demurrer to the allegations in the bill
Of the petitioners bill whereby they
style themselves the legally nominated
candidates of the party.
Mr. AlOnZO L. Miles of the law
/ firm of Miles and German, of Balti
Q more, chief counsel for the plaintiffs
Z was last to argue He began his ar
gument shortly before ! O'Clock Thi
. | chief point brought out by him wai
= that the court did have jurisdiction il
e a case Of this kind. He said ther
S was really no law pertaining directl.
a TO the question.