Evening star. [volume] (Washington, D.C.) 1854-1972, 1931-10-21
u. s. COURT HEARS
PORTO R|CAN SUIT
Ruling May Decide Fate of
Unionist Party, Dominant
Factor in Island.

BY the Associated Press.
BOSTON, October 21.-The United
States Circuit Court OF Appeals today
heard an appeal from the Supreme
Court of Porto Rico which may decide
the fate of the Unionist party of the
island, long dominant factor in insu-
lar political affairs.
Antonio r. Barcelo, for years presi-
dent OF the Unionist party, former
President Of the Porto Rican Senate
and a newspaper publisher, and Miguel
Martorell are seeking to compel
Eduardo j. Saldana to place their names
on the ballot for the 1882 general cleo
ton. Barcelo is candidate for resi-
dent commissioner at Washington and
Martorell for a place on the powerful
Board of Equalization and Review.
Barcelo demands the right to appear
as the Unionist party candidate, but
the Insular Supreme Court, by 3-to2
decision, has upheld Saldana's ruling
that the Unionist party became extinct
when it merged with the Republican
party in 1924, forming the Alliance
party.
Merger Termed Final.
1t is the contention of Saldana. sup
ported by the Supreme Court. that the
merger, viewed in the light of the Span
iSh language statutes of Porto Rico. was
permanent and final. Barcelo and Mar
torell deny this and assert the Union
party merely formed temporary mer-
ger with the Republican party for two
general elections. They say the party
never ceased to exist nor Barcelo to be
its head.
The question of permanency of the
merger is the crux of the case, it was
admitted by both sides. Attorneys for
Barcelo. who was here in person. were
headed by o. B. Frazer of New York,
while Saldana was represented by Col.
William Cattron Rigby and Maj. Fred
w. Llewellyn of the judge advocate
generals department of the United
States Army.
The appeal is being heard before Cir
cult Judges George H. Bingham of New
Hampshire and Scott Wilson of Maine
and District Judge George F.. Morris
of New Hampshire. The Alliance party
has filed an appearance as friend Of
the court.
III
In May, 1924. according to the brief
submitted on Saldana'S behalf. the two
principal Porto Rican parties, the Union
party and the Republican party, merged
to form the Porto Rican Alliance party.
In the general election of 1928, the ALI
ance party formally registered its joint
name and emblem with the executive
secretary of the island and nominated
single ticket and neither of the two
component parties thereafter took action
as separate parties.
This the UnionistS deny. and through
counsel today asserted the agreement
between the two parties was never in
tended to be final and neither party
was eXtinguished by it.
1t was admitted by both sides that
in August, 1929, after the occurrence of
dissension within the ranks of the ALI
ance. a majority Of those who had been
elected by the Union party in 1922 to
constitute its Central Committee, called
general convention of the Union
party.
Subsequently the convention nomi-
mated candidates and notice was sent
Jose Tous Soto, as president CT the Re-
publican party. notifying him of the
termination of the merger. At the same
time Barcelo, in his asserted capacity
as president of the Unionist party, made
formal application to Saldana for off,
cial listing on the ballet as a Unionist
candidate.
Upheld by the Island Court.
Saldana. on the advice of the attor-
ney general. refused to list Barcelo and
ruled the Unionist party had ceased to
exist and the name UnioniSt was legal
part of the full title of the Alliance
party. The Supreme Court upheld him.
The executive secretary had not, it was
agreed, ruled that Barcelo could not
form another party under a new name,
but merely that he could not register
under the name of the Unionist party.
The UnionistS contend it would be
extremely difficult to hold their fol-
lowing under a new name and emblem
since many Of the voters are incapable
OF reading, and the Unionist emblem is
almost indispensable to party success.
The validity of the Supreme Court
decision-that the merger was perma-
nent and fnal-waS attacked by Bar
cello on the ground the Supreme Court
had not put the proper construction on
the Spanish text of the election law.
The briefs submitted to the court to-
day pointed out that majority of the
Spanish language justices of the SUI
preme Court had voted in his favor.
Those justices were Audrey and Tex
idor. Porto Ricans, while the majority
of the court was comprised OF Del
Zorro, Porto Rican, and Wolf and
Hutchinson, Continental Americans.