Evening star., 1934-09-12

so, I think that the courts-the judi
cial department Of the Government
should not interfere with the political
rights of the people. And on this point
I may mention one of the defenses
which are made to this action, that
being that there is an adequate remedy
at law.
find that this policy is quite gen.
| eral where the election is to fill a
political office. There courts will not
interfere, even where the election is
| irregular or where it is unauthorized,
perhaps, as is held in some States
But one reason why that doctrine is
upheld is that there is a plain,
adequate remedy at law, and that is
by invoking the extraordinary writ of
quo warranto. That is the prescribed
manner Of contesting the right to pub
lie office.
Exceptions Outlined.
find, however, that there are ex-
ceptions to this general rule, those
exceptions arising out of the peculiar
| facts in several cases. They are not
cases that involve the filling of public
| Office. They are cases that are
brought to restrain elections to create
new boundary lines of counties or
cities or to create new city wards in
cities or to take new territory into
cities or to create new school districts
or to add to or change the boundaries
of the school districts, or to relocate
| county seats and counties, and in
South Dakota to relocate the capital
of the State.
In considering cases of that kind,
where a public Office Is not involved
and where writ of quo warranto will
not avail, it would seem that we have
here case within the realm of these
exceptions in such manner as to take
it out Of the operation Of the general
rule.
Quotes Carolina Case.
I find one interesting case in Muir
physboro, v. Herford County, 108 N. C.
Sc, in which the court held that,
where no possible benefit will accrue
from the holding of an election, and
irreparable injury may be done to
others who cannot be compensated in
damages, a court Of equity should in
tervene.
think every lawyer recognizes that
that which cannot be done directly,
cannot be done indirectly. If the
judgment of the Commissioners could
not be delegated directly, certainly it
could not be done indirectly by re-
ferring the matter to a vote of the
people Of the District or the section
of the citv that is involved
This case is defended upon the
theory that this election is not a sur
render of the powers and discretion
which Congress has vested in the
Commissioners, but that. since Con-
gress has placed the duty upon the
Commissioners to determine this ques-
ton in the public interest, the Com
missioners are empowered to bring to
their aid any facts that may be as
sembled which will indicate 10 them
what the public interest is And so
they say in this answer, and the cor
poration counsel has said in argument,
that this election, If consummated,
will not in its results be binding upon
any one-that it is purely advisory
that it will enable the Commissioners
to know one fact that is an essential
and which should be considered in
relate to the inquiry.
Hearings Cited.
They say it is important to know
the will and wish of the people that
live in the Takoma Park area, and
that the fact which is made known by
% Aok Aa
considered, not alone, but in conjunc-
ton with any other facts and circum-
stances that are brought to their at
tention through public hearings or
otherwise, to the end that they will
determine what is in the public in
tereSt. Now, they have held at least
two public hearings. They have al
lowed many individuals to express their
views. They have entertained at least
two petitions, or perhaps more, one
Of them signed by over thousand
residents of the area, and another
one signed by over eight hundred. So
they have made considerable effort |
already in that manner by holding |
public hearings, to discover the wish |
of the residents of that district. And
now they say that they want to know
in this manner just how the people |
do feel about it.
Iwould be unwilling to say that that |
was not the proper thing for them to
do, If it were clear that it were ad-
visory only. Certainly there is moth
ing in the printed form of the ballot |
which so informs the people of that |
area. But, aside from that, and the |
most serious thing that I find in this
case in that respect-and the one
that is most controlling-is the fact |
that one of the Commissioners says
that, while technically the result of |
this referendum is. advisory only, he |
has publicly announced that he will be
controlled by it.
Interest Of All ID. C.
Certainly, taking that statement |
from the answer. which is signed by |
the three Commissioners, the court /
cannot avoid the holding that at least |
one of the three Commissioners an
nounces to the court, and has an
nounced publicly, that he Is submit
ting his tudgment-that he is dele
eating his authority in the matter