Evening star., 1947-01-18
New Bill Seeks
1945
|CoIIegeP ParkAct
Montgomery County
Delegation to Ask
Lindsay Law Repeal
By }. B. Zotmon
Sfur Stoff corrsxnondent

re-enact and correct provisions of
the controversial law adopted at the
1945 session of the General Assembly
incorporating the College Park area,
today was before Prince Georges
County's representatives in the
House Of Delegates.
Two other bills were introduced
in the House yesterday by the group
and referred to its members.
One would revoke the Boulevard
Heights charter and the other
would extend the boundaries of Seat
Pleasant to follow Cabin Branch
as far as the old East Washington
Railroad line.
At the same time, the Montgom-
cry County delegation announced
its intention to introduce next week
"a bill to repeal the Lindsay law,
which prohibits nonpartisan elec-
tions.
Flaw in Title.
The College Park measure is in
tended to remedy defects in the
title Of the 1945 act, which was
declared unconstitutional last Sep
tember by Judge Ogle Marbury in
Prince Georges County Circuit
Court.
Opponents of the old bill con-
tended four communities were not
mentioned in the title as included
in the area to be incorporated. They
are Branchville, Hollywood, Daniels
Park and Autoville.
T. Raymond Burch, Berwyn, a
member of the delegation. empha-
sized the present bill sis simply a
enactment of the 1945 act which
was favorably voted on in refer
endum by the citizens of the area"
The new bill, he explained, cor
rects the error in the title and vail
dates all actions of the Mayor and
councilmen who were elected by the
voters in the summer of 1945.
Boundaries Prescribed.
Under the new bill, the town
would include Calvert Hills on the
south and Hollywood on the north.
It would extend from the western
boundary Of the University of Mary
land to Greenbelt and Berwyn
Heights on the east. The latter
two communities would not be in
cluded in the municipality, which
also would take in Berwyn, Lake
land and College Park.
The measure is described as
emergency legislation, to take effect
Immediately after it's adoption by
the Legislature and approval by
the Governor. 1t would become
void, however, if the Appellate
Court overrules Judge Marbury's
decision.
Town officials elected by residents
of the area in 1945 are renamed
to their positions in the new bill.
They are to serve until the first
biennial election on the first Mon
,, day in May, 1947.
Present town officers are William
A. Duvall, Mayor; Stewart B. Shaw,
treasurer; Herbert w. Wells and
Emanuel F. Zalesak, councilmen
at large, and Councilmen Marion
w. Parker, Charles R. Davis, j..
Chesley Mack, Jack M. Mckay and
G. Stuart Parker, who represent
the towns five districts.
The Montgomery County delega-
tion said its bill seeks to exempt
the county from provisions of the
Lindsay Act, which now affects the
entire State.
Party Pledge Involved.
Declaring the action will fulfill
the Republican Party's pledge in
last years county election, Delegate
R. Duncan Clark said: "We think
the people of the county should
decide whether they want non
partisan elections. Such a pro-
vision was contained in the pro-
posed county charter, which was
defeated in 1914"
The county Charter Board Is
drafting another charter to be voted
on in the 1948 general election. 1t
is not yet known whether the new
charter will contain a nonpartisan
election provision.
After the act, sponsored by for
mer Senate President James j.
Lindsay, was adopted at the 1945
session, supporters of charter form
of government in Montgomery
County claimed the bill had been
"sneaked through" in the closing
days of the session. They also &C
cused E. Brooke Lee, county Demo-
cratic leader, of being instrumental
lin drafting the measure.
e