Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1905-05-19
Primary Election Law to be Contested
In Court.


A bill in equity to enjoin the Board o.
Election Supervisors Of Montgomery county
from putting into operation the provisions O.
the Primary Election Law passed at the las
session of the Legislature and that the law
be declared Unconstitutional, imperative
null and void" was filled in the Circuit Court
here on Tuesday by Messrs. Thomas Daw'
son and Alexander Kilgour, attorneys for
Mr.. Willis B. Burdette
The bill AYERS that said pretended act was
never passed by the General Assembly IN
conformity with the requirements OF The
Constitution. That while said pretended
act was pending as bill the provision "oi
for any reason" lin line 9, section IL, wal
stricken out by amendment, but which SAID
words through fraud or negligence have
been retained in said pretended act.
That section 81, providing for defraying
the expenses of primary elections as It ap'
peared In the bill and was finally passed by
the Legislature, provided In line z that each
delegation TO nominating convention shall
pay the sum Of $40, but that when the Dill
was copied for presentation to the Governor
for his approval 1t was altered and changed
so as to read that each delegate to nom
mating convention shall pay the sum OF $ll
TO the Supervisors OF elections and that aiteI
said bill had been 30 changed 1t was unwit'
tingly approved by the Governor, wherefore
said pretended act is not the act OF the den
eral Assembly and is null and void.
The petitioner further charges "thaf sale
act is unintelligible and the Legislative In
tent impossible to be understood or inferred
aside from the obvious scheme therein dis
closed to give managers of the election con
templated to be held hereunder legal de-
vice to perpetrate fraud upon the electorate
and to force and compel fraudulent and dis
honest results regardless OF the will OF the
majority or the true result OF the balloting
hereunder"
The bill alleges that the manifest result
of said pretended act II allowed TO be pu
into operation after the same has been &C
altered BY the insertion therein of the said
words, "or for any reason" In said line 8 o
section 10, whereby q voter under any pre-.
tense could have his ticket marked as there
In provided, would be to create q corrupt
covert market for the sale and purchase Of
votes, In that the faction or set OF managers
of the dominant political party, who would
obviously control all the appointees OF the
primary election machinery and make GER
tain the delivery OF the corrupt purchase by
having the voter 80 selling his vote require
such appointee and political representative
mark his ticket, thus delivering the goods
whereby the nomination of candidates Of
the dominant political party would be alb
solutelY controlled by the faction CONTROL
ing the primary election machinery; that
by reason OF the substitution OF the word
delegate" for the word delegation" 10 line
z, section 81, the minority party, 10 order To
make Its nominations, according TO the usage
OF said party, by nominating conventions
would be compelled to pay the enormous
sum Of $1440, whereby II would be prohib
tied from making nominations of candidates
for office; wherefore the control Of the nom
nations by election machinery obviously
aiding the corrupt purchase Of votes, on the
one hand, and the prohibiting of nomina-
tons on the part Of the minority party, by
requiring enormous sums Of money, on the
other hand, by said faction OF said dominant
party, create an engine OF corruption 10 d.
rect contravention Of the Constitution Of the
State of Maryland, which provides that "tht
General Assembly shall pass laws necessary
for the preservation Of the purity Of cleo
TONS"
That said pretended act while ostensibly
safeguarding the purity, fairness and hon
esty of elections by minute detail In the
manner Of providing for polling places with
separate voting compartment, &C., yet In
stantly the ballot is deposited all safeguards
are at an end, there is no provision for count.
ing the ballots cast. no officer or person Il
charged with the duty of making q count
nor oath, nor penalty, nor obligation OF any
officer or person thereto 80 to do IS limited
or imposed, no one Is charged with the care
and custody Of the ballots after the polls
close, there is no penalty upon any one, and
any person who might assume the custody
of said ballots who would destroy the bal
lots or substitute others therefor or falsif,
the election in any way could not be pun
ished.
There is no provision for contests, nor any
remedy whatever provided for one who's
rights may have been outraged or defrauded
The case will be heard by the Court on
Nav 30.