Evening star., 1938-11-04
|PriinteGeorqes
Ballots Are
Held Illegal
Court Burs DuvuII's
Name; Can't Print
Before DeudIine
BY = Stan Correspondent of The Star.

BY 5taU correspondent OF The Star.
UPPER MARLBORO, Md, Nov.
4.-Warning that 1t would be phys
ically impossible" for Prince Georges
County to hold legal election next
Tuesday, Judge Walter j. Mitchell
of the Maryland Court of Appeals
today granted an injunction re-
moving the name of William A. Du-
vail, Republican candidate for
county treasurer, from the ballot.
The injunction forced the Board
of Election Supervisors to discard
5000 ballots already printed with
Duvall's name as one of the candi-
dates and start anew printing the
5000 ballots required for the elec-
ton.
Samuel A. Wyvill, member of the
Board of Election Supervisors and
Marlboro publisher, holding the con-
tract for printing the ballots, said
it would require at least 30 hours
from the time he started printing
the revised ballots at 2 pm. today
to finish the job.
Legal Deadline Midnight.
Under the law requiring that all
ballots be in the hands of election
supervisors four days before an
election, the ballots would have to
be printed and distributed before
midnight tonight.
In the hearing on the injunction
concerning Mr.. Duvall's candidacy,
Judge Mitchell pointed out that it
would be physically impossible to
meet this requirement and that any
one dissatisfied with the election
results could then challenge them on
the basis Of this legal technicality.
The injunction restraining the
Board of Election Supervisors from
using any ballots containing the
name of Mr.. Duvall was granted on
petition brought by Raymond
Winston, a resident of the Berwyn
district, on the ground that Mr..
Duvall failed to file his candidacy
within Is days before the primaries,
as required by law. 1t was alleged
that he filed only two days before
the primary. on September IL.
Removal of his name leaves ONLY
two official candidates for county
treasurer-Harry w. McNamee, the
Democratic candidate. and Capt.
Vinton D. Cockey, who is running as
an independent after failing to win
the Democratic nomination.
Space for Write-in.
However, there will be space on
the ballots for supporters Of Mr..
Duvall to write In his name.
Attorney Leroy Pumphrey, rep
reSenting the supervisors, told Judge
Mitchell that granting Mr.. Winston's
plea will not only throw our county
election machinery out of gear, but
will have serious effect on the
election throughout Maryland"
Judge Mitchell, who described the
Maryland election laws as a "Chi-
nese puzzle" said he hoped the
present hearing will serve to bring
about clarifying amendments.
Meantime, political leaders were
attempting to run to earth rumor
that similar petition for injunc-
ton is pending against the name of
Mr.. McNamee.
Should this occur, only Capt.
Cockey would be left in the running.
It was understood here that plans
are afoot to contest the candidacy
| Of Mr. McNamee on the same
ground on which Mr.. Winston sought
to remove the name of Mr.. Duvall.
The situation arises out of the
failure of the Republican party in
the county to name a candidate for
the Office. Later Mr.. McNamee filed
as the Democratic organization can
didate and Capt Cockey filed by petit
ton about Is days before the primary.
Duvall filed his candidacy only two
days before the primary.
| Both Mr.. McNamee and Senator
Lansdale. G. Sasscer, Democratic
campaign manager in the county,
have denied connection with the
filing of the petition. Mr.. McNamee
said Mr.. Winston is one of Capt.
Cockey's most ardent supporters.