Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1905-06-30
Injunction Granted.

INV OPoEueou tuo now PRIMARY eieCuOn law
came up for consideration in the Circuit
Court before Judges Henderson and Motter
on the answer filed by Mr.. Thomas M. Tai.
bolt, attorney for the supervisors, which ad.
mitted that the law as enrolled for the sig
nature Of the Governor was different from
the bill as passed by the Legislature in the
particulars set forth in Mr.. Burdutte's bill
in equity.
The original bill, with amendments and
endorsements, was offered in evidence; also
certified copy OF the enrolled bill as signed
by the Governor. DR.. B. F. Smith, Chief
Clerk of the House of Delegates, identified
the original and attached papers. The con-
ference report, which was adopted by the
Legislature and which thus become part
of the bill, was found to be missing from
the papers before the Court, and while il
was proven to have been attached to the bill
when the Legislature adjourned and when
the bill was enrolled for the signature of the
Governor, the testimony failed to fx the re-
sponsibility for Its loss or to show who made
the changes in the enrolled bill which were
the primary cause of the litigation.
MIR. Thos. Dawson, attorney for Mr.. Bur.
dett, commended that as 1t had been proven
that the bill, as it passed the Legislature,
had been changed before it had been signed
by the Governor, such provisions were void
and of no effect, and that the entire pretend
Ia 10 u, xuaa a., oont ra M fion If tho Q.o.o H..
stitution, which provides that "The General
Assembly shall pass laws necessary for the
preservation of the purity of elections !" that
instead Of preserving the purity Of elections,
this law makes no provision for the custody
or counting of ballots and imposes no penal
ties for misconduct of election officers In con-
nection Herewith, and provides no remedy
for one who may suffer on account of such
misconduct; and that the act ia unlntelligi.
BILE aside from the obvious scheme therein
disclosed TO give the managers Of the cleo
tons legal device to perpetuate fraud.
Mr. Alexander Kilgour, also attorney for
Burdette, after an exhaustive argument to
show that the bill was unintelligible and in
capable of execution, and unconstitutional,
then referred to the section In which the
words "For any reason" were interpolated,
and said
"Not to speak of the impossibility to infer
an intelligent legislative intent from the
terms Of the act aside from the obvious
scheme therein disclosed to give the Mana,
gers Of the contemplated election TO be held
Hereunder legal device to perpetrate fraud
upon the electorate and force and compel
fraudulent and dishonest results, regardless
OF the will Of the people or the true result
OF the balloting hereunder, the attention OF
the Court 10 called TO the controlling and
dominant question which arises in consid-
Grafton Of Section 10, OF the Act. II Is piv-
otal. The whole discussion from a legal
standpoint turns upon 1t. In terms 1t pro.
vides that "anV voter who is blind, or who
by reason OF any physical inability is un-
able to mark his ballot, may apply to any
one OF the ballot judges to assist him in the
marking thereof" Ii will thus be seen that
no one under this act can vote without be-
ing able TO read and write, and this is the
law which passed the House and Senate,
and, 1t is the most arbitrary and unconsti-
tutional exercise Of legislative action that
this or any other State. II takes from every
llliterate Democratic voter In Montgomery
county the privilege to vote IN primary cleo
tons, and thereby disfranchises large per-
centage of that party. The subsequent ad-
dition OF the words, "for any reason" in
serted, as the bill alleges, by some hanger
on at the Legislature, by design or accident,
1t Is submitted, renders the whole act void,
for every section Is essentially and INSOFAR
ably connected in substance and must stand
or fall as whole.
II has been shown tha: In the conference
committee this act was carefully considered,
and subsequently passed the House and then
the Senate, thus becoming Q law with all
the solemn prerequisites required by the
Constitution, except the Great Seal and sig
nature Of the Governor.
1t has been argued by the defendant that
Notwithstanding this admitted Interpolation
of the act, that this section, though void in
part, yet has vitality enough 70 stand with 1t
stricken out. 1t is replied that every section
is essentially and inseparably connected In
substance, and that II the Legislature could
have foreseen that any section or part Of sec
ton would be stricken down by the Court,
II would not have received It's SANCTION
And the intent and design Of the Legisla-
tuIc Ociub uAh1o uAnuiOos W NtohouCul1o .
large percentage of the Democratic party,
which makes It's nominations by direct vote,
IL Ia clear that the entire scope Of the law
would be changed and it's object defeated by
UNFOLDING 1t in the emasculated form con-
tended for, and would be In fact q legislative
and not judicial act"
MIR. Thomas M. Talbot, attorney for the
Board Of Supervisors, conceded that the
words which appeared in the Act as signed
by the Governor, but which were not In the
bill as passed by the Legislature, were of no
effect; he contended, however, that this was
immsterisl and that the balance OF the Act
was operative without these words, and
should stand.
The Court held that the entire Act was
invalid and granted the injunction. A writ.
ten opinion giving the reason Of the Court
for its action will bs filed in the case In a
short time.