Evening star., 1934-11-21
RECOUNT ASKED
. IN MONTGOMERY
Diamond and Chinn, Defeat
ed Democrats, Charge
Irregularities.
BY JACK ALLEN.

ton two weeks ago were leveled at
poll officials in petitions which John
B. Diamond and Raleigh s. Chinn
filed in the Circuit Court at Rockville
today for q recount of votes cast In
the county commissioner contests in
which they we're defeated by nomi-
nees of the Fusion party.
1t was further learned today that
DR. Llewellyn Jordan of Takoma Park,
Democratic candidate for the House
of Delegates, has definitely decided to
follow the move made by his two as
sociates on the Democratic ticket and
ask for a recount of the ballots re-
corded in the legislative race.
Hope to Regain Control
The recount appeals made by Dia
mond, president of the Board of
County Commissioners at the present
time, and Chinn mark the inaugura-
ton of q legal battle through which
the Democratic organization hopes to
regain control of Montgomery's ad-
ministrative affairs which it appar-
entity lost after a 15-year reign when
official returns gave the Fusion party
three seats and the controlling vote
on the county board
1t was known tor several days that
Diamond would contest the election
of Charles E. King, Fusionist, who de-
feated him by SO votes, but it was not
until yesterday that Chinn who lost
to Frank H. Karn by 203 votes. de-
cided to accede to the request of DEM
ocratic party leaders and friends and
file with Diamond.
The two Democratic nominees
pointed out in their petitions that
more than 100 illegal ballots were
counted for Karn and King, that
more than 100 ballots properly marked
for themselves were not counted and
that more than 200 other ballots which
should not have passed because the
voters marked them for six instead of
five commissioners, were recorded in
favor of the two Fusion candidates.
Recount in 20 Precincts.
A recount of all of the ballots cast
in the two contests is not requested,
as was at first planned, attorneys for
the petitioners deciding to ask that
only 20 of the 81 polling places be
counted over
1t was explained that while irregu-
larities undoubtedly occurred in all OF
the precincts, the major irregularities
were found in 20 precincts. The ex-
ceptions, they said. we're the first, sec
ond, fourth and fifth precincts of Be
thesda district and from the second
to ninth precincts Of Wheaton dis
trict, inclusive.
Embodied in the petitions, which
are identical in appearance, are ac-
cusationS that number OF ballots I'M
properly marked by voters were marked
by judges and counted for King and
Karn and that ballots that bore iden-
tification marks as well as marks not
permitted by election laws, mutilated
ballots and number which bore check
marks outside the regular allotted
spaces were recorded for the two Fu-
sion nominees.
Among other allegations brought by
the two petitioners were claims that
ballots we're taken outside the polling
places. a number of ballots were not
deposited in ballot boxes by judges in
charge of the boxes and that several
voters who folded their ballots i'm
properly were not permitted to return
to the booths and fold them in the
correct manner so that they would be
tailed
Declares Protection Denied.
It was further stated that ipv =
number of up-county and rural dis
tricts several election judges and
clerks appointed to represent the
Democratic party later became identi-
fed and afiliated with the Fusion
party following their appointment as
election officials, thus depriving Dia-
mond and Chinn of the protection at
the polls accorded to them under
State election laws.
Discussing the claim that a number
OF ballots bore votes for six instead Of
five commissioner candidates, attor-
neys for Diamond and Chinn said
that election laws require that such
ballots shall not be counted for any
candidate in the group Of names so
marked
They said that many Fusion sup
porters voted for the five candidates
of their party and Edward Benton,
Republican candidate opposing the
Fusion and Democratic nominees in
the first district as well. Instead OF
throwing out the votes for all of the
commissioner candidates, election Of
ficials in a number Of places merely
threw out the block for the first dis
trict race and King, candidate in the
second district, and Karn, third dis
trict nominee. received many illegal
votes as q result.
Refused Examination.
It is asserted in the documents
that the Republican judge in Clarks-
burg district, who represented the
Fusion ticket made up Of Republicans
and Progressive Democrats. read all
of the ballots cast in that district and
refused permission to the judge repre-
senting the Democratic party to read
or examine them. 1t is also claimed
that they held the ballots out Of sight
of the challengers Of either party to
prevent them from examining the bal
lots to determine whether or not they
were properly marked or were being
properly called.
In Laytonsville district. the petition
states. many ballots allegedly marked
in a defective manner by voters were
marked by judges and counted. The
petitioners asserted that they were
Uniformed, believe and therefore aver
that the ballots thus marked were
counted for King and Karn.
A number of accusations were made
by Diamond and Chinn against the
conduct of the election in the X to
section OF Darnestown district, where
King gained IS Of his majority of SO
votes over Diamond and where Karn
likewise was given q substantial ma
jority over Chinn.
Claim 381 Votes Cast.
It Is said that 38l ballots were cast
in that section, but the returns Of the
judges showed that only 1858 persons
voted. Tally sheets from that particu-
lar section reveal that 38l ballots
were counted, the petition charges In
oll;t;o, 10 o1looad ha Board nf