Evening star., 1934-09-11
COURT TO DECIDE
ON TAKOMA VOTE
Justice Let's to Rule Today
on Legality of Referen-
dunn Tomorrow.
Continued From First Page)

Takoma. supported the Commissioners
In their contention that they are fully
within their rights in adopting this
means Of ascertaining the sentiment
Of Takoma on the liquor license ques-
ton. Mr.. Sullivan is one Of the spokes-
men for those opposing the grant,
ing of licenses in Takoma.
"As a result Of two public hearings,
the applicants were In the minority"
said Mr.. Sullivan, land the Com
missioners, not to be friendly to us,
but as an extra precaution, took this
step Of arranging for a referendum"
Mr.. Sullivan gave the court citations
on number of court decisions to
sustain the legal foundation on which
the Commissioners are opposing the
injunction.
Other Referenda Seen.
Attorney Leahy argued to the court
that If 1t is held the Commissioners
have authority to conduct this ref
erendum they could arrange for any
number of referenda in other parts
of the District and on any question.
He pictured large amounts of public
funds being used to arrange for refer
enda.
In this particular case, however,
the corporation counsel pointed out
that only SIS was spent in making the
arrangements.
Denying the jurisdiction of an
equity court to interfere by injunction,
the Commissioners contended the
license applicants have an adequate
remedy by applying for writs of man
damus II their applications eventually
are deEied. Leahy denied this con-
tention and claimed the applicants
are entitled to have their applications
passed on by the District authorities
without the referendum. Associated
with Leahy in presenting the injunc-
ton plea was Attorney william J.
Hughes, jr.
Election Held Not Final.
In summing up the case for the
District, Mr.. Prettyman said the ref
erendum will not be an election in
the ordinary sense, because the de-
ctsion finally will rest with the Com
nlisSioners.
THE Commissioners" Prettyman
said, could have sent out large
force Of District officials to 60 from
door to door asking residents of the
area what their wishes are, or they
could have called residents on the
telephone. What they did was to
decide on the cheaper and more ac-
curate procedure of inviting all adult
residents to visit four designated
places in the community on a certain
day and record their views on q
printed form"
Pamphlets Distributed.
On the eve Of the referendum, the
cry forces distributed throughout the
Takoma area today a Referendum
News pamphlet, setting forth in detail
the arrangements for the voting and
appealing to the voters to record
themselves against the granting of
alcoholic beverage licenses in that
community.
ITO vote In the District of Coium-
bia will be unique experience" the
pamphlet points out. Since the
commission form Of government sue
ceeded the territorial form In 1874,
voting In the District has been q lost
art. Revival Of the practice for q
single day and in an area containing
only ! per cent of the Districts pop-
ulation, may be regarded as q mark
OF distinction for Takoma and really
the chance of a lifetime"
The pamphlet states that the refer
endum lis not strictly a question of
prohlbltion or an expression of ones
sentiments as to being wet or dry.
Many who are not prohibitionists
either personally or politically, agree
that alcoholic beverages should not
De seld in a home community like
Takoma."
The Takoma Referendum Com
mittee, which prepared the folder. is
headed by w. G. Magathan, chairman,
and Jesse G. Suter, vice chairman.
Await Courts Verdict.
Meanwhile, District officials. while
still awaiting the verdict of the court.
completed few last-minute details
for tomorrow.
Corporation Counsel Prettyman,
chairman of the election board, an
nounced the designation of Assistant
Corporation Counsel Vernon E. West
as a supervising election Judge. At
the same time, Maj. Jerome Johnstone
OF the Alcoholic Beverage Board, was
added to the list of judges. Mr.. West,
instead OF acting as one of the judges
at single polling place, will keep in
touch with the progress of the refer
endum throughout the area.
Those advocating a dry area have
named their clerks for each voting
place, but the group favoring the
granting of licenses has not ap-
pointed any clerks, Mr.. Prettyman
said this morning. II the court later
In the day denies the Injunction,
District officials will ask counsel for
the applicants if they wish to name
clerks.
There will be a final meeting of
judges and clerks at the District
Building at 4:45 o'clock this after
noon for instruction In the voting
rules.