Evening star., 1934-09-09
Arguments on Injunction to
Block Referendum to Be
Held Tomorrow.
PRETTYMAN CONFIDENT
OF VICTORY IN COURT
Commissioners Believe Law
Passed in Last Congress Gives
Them Ample Authority.


the wet-dry referendum in Takoma,
D. c., Wednesday. counsel for the
District government will put up a
vigorous fight in District Supreme
Court tomorrow in support of the
authority of the Commissioners to
proceed with the balloting.
Justice F. Dickinson Let's has fixed
| 1:30 o'clock tomorrow afternoon as
the time for hearing arguments on
the petition of four applicants for
alcoholic beverage licenses, who are
seeking to prevent the holding of the
referendum, on the ground the Com
missioners were without authority to
order it.
Confident the Commissioners have
ample authority, Corporation Coun-
sci E. Barrett Prettyman yesterday
afternoon prepared an answer to the
injunction petition. In presenting the
reply of the Commissioners, Mr.
Prettyman will be accompanied by
Assistant Corporation Counsel Vernon
E. West and Assistant Corporation
Counsel T. Gillespie Walsh.
Action Held Legal.
The belief of District officials that
they have ample authority for hold
ing the referendum Is supported also
by Attorney George E. Sullivan, a
| civic worker in Takoma and one of
the spokesmen for those opposed to
granting licenses in that area. 1t is
expected Mr.. Sullivan will take part
in the legal argument tomorrow.
In asking for the injunction the
license applicants will be represented
by Attorneys William E. Leahy and
William j. Hughes, jr.
The Districts answer to the injunc-
ton suit will not be made public
until tomorrow, but Mr.. Prettyman
and Mr.. West have indicated it will
be based largely on the provisions of
the liquor control act, enacted by
Congress less than year ago.
Dry Areas Authorized.
That act authorizes the Commits
sioners to establish dry areas and to
ascertain the wishes of persons re-
siding or owning property in the
nelghborhood of applications for IL
censeS. 1t also empowers them to
lAdhC 1CSuldLlOllS ucC6SSdTy 10 FGdEIy
out the purposes of the act.
Mr.. Prettyman contends that the
Commissioners have right to obtain
information deemed necessary by
them In order to decide a question,
and that the plan to poll residents
| OF the community is one method of
| obtaining that information.
As comparable illustration, he
| pointed out that traffic counts are
taken on street corners to obtain in
formation needed in connection with
traffic control.
The corporation counsel also takes
issue with the contention of the ap-
plicants that the act of 1878, creating
the commission form of government,
precludes the Commissioners from
| taking poll of a community as a
means of getting information as to
the sentiment of the residents.
Personnel to Be Appointed.
The naming of clerks and watch
erS for the four polling places in the
Takoma area are the only steps re-
naming to be taken in the plans for
the balloting. One clerk for each
precinct will be named by those op-
posed to the granting of licenses and
one for each precinct by those in
favor of licenses. Each side also will
be allowed to name watchers to be
on duty at each polling place.
The names of the clerks must be
submitted to the corporation coun-
sells Office by 4:3O o'clock tomorrow
| and the list of watchers by 4:30 Tues
| day afternoon.
The eight judges, who have already
been named, and the clerks will hold
final meeting at the District. Build
| ing at 4:45 o'clock Tuesday afternoon
for instruction in the rules of pro-
cedure that have been prepared for
the casting of ballots.
Ballot in Two Columns.
The ballot is divided into two COL
umns. One column is for those who
wish to vote against any form of
alcoholic beverage license. The other
| column is for those favoring some
form of license. Four types of licenses
are listed separately in this column,
namely: Off sale, beer and light
wines; on sale, beer and light wines;
off sale, liquors, and on sale, liquors.
Members of the Election Board ex-
planned yesterday that the name of
! the voter will not be on the ballot
when the ballot goes into the box.
| There is coupon attached to the
ballot on which to place a serial num-
ber and the name of the voter, but
the rules provide that one of the
judges will tear off the coupon, with
out unfolding the ballot, and then
deposit the ballot in the box. After
the polls close the coupons are to be
placed in an envelope and sealed be-
fore the ballot boxes are opened for
counting.