Evening star., 1938-10-14
NICE HITS
Of RIVAL IN RACE
Judge Rules 0'Conor Did
Not Violate Corrupt
Practices Act.

Maryland's three-sided gubernatorial
campaign gained momentum today as
Gov. Harry w. Nice's caravan rolled
into Washington and Allegany coun-
ties following another attack by the
Governor on expenditures Of Demo-
cratic candidates in the recent primary
Meanwhile, in Baltimore, Judge
Eugene ODunne ruled late yesterday
that Herbert R. OConor. Democratic
gubernatorial nominee, and his cam
paign officials did not violate the Cor
rupt Practices Act in primary cam
paign expenditures.
Shortly before the judge sustained
Mr. O'Conor's demurrer to the petition
filed by Herbert M. Bruno. jr,, inde-
pendent candidate for Governor. a
similar petition was filed against Sem
ator Millard E, Tydings.
Concluding brief hearing, Judge
O'Dunne delivered a nine-page opin-
ion holding that the act itself shows
lit was not intended to curb substan-
tial expenditures but was designed to
regulate and designate legitimate OBJ
jects of such expenditure.
Mr.. Brune's petition contended the
maximum valid expenditure would be
s4,250. but Mr.. O'Conor contended this
limit applied only to the direct ex-
penditures of the candidate himself
and not to amounts expended in his
behalf by others.
Prior to his decision on the Bruno
petition. Judge O'Dunne gave Senator
Tydings until october 1S to answer
the complaint. ,.,....
Nice Decries Primary Spending.
Speaking before Washington County
Republicans at Hagerstown last night
Gov. Nice charged that expenditures
OF fabulous sums" by Democrats in
the primary Is "a clear perversion OF
the spirit of the Corrupt Practices Act,
if not in the letter, and makes mock
cry Of the election laws Of the country"
It was Washington County, Demo-
cratic stronghold with an affiliated
Democratic majority in excess of
5000, that gave the Governor more
than half of his winning majority
four years ago.
After charging that Democratic
State primary candidates had spent a
quarter million dollars in the recent
campaign, the Governor said he be-
lieved the people Of Maryland knew
full well that unless rebuked at the
polls in November there can no longer
be purity Of the ballot"
Il think it matter Of deep con-
cern when it becomes necessary to
make an expenditure Of $4,000, as
was done by my opponent and sup
porters, to obtain the nomination in
q primary election. and think it is
four times more serious to have ex-
pended in Democratic primary in
excess Of quarter million as was re-
ported by four principal Democratic
candidates for Governor and Senate" ."
Sees Corruption Tendency.
"The expenditure Of quarter mil
lion," Gov. Nice continued, is beyond
all reason and must have tendency
to corrupt the electorate and place
public Office on the block as thing OF
barter and sale to the highest bidder
The most serious effect Of this ex-
penditure of fabulous sums is that in
a republic. where equality of opportu-
nifty is a fundamental object. the right
of a poor man or one of limited means
no matter how capable and qualifying
he may be, to hold public ONCE Is de-
MED"
The Governor campaigned for DEM
ocratic votes throughout yesterdays
tour. asserting in Frederick that he
realized that only by Democratic votes
supplementing those of Republicans
could he be reelected. Other candi-
dates Of the Republican Statewide
ticket accompanied him on the West
ern Maryland tour.