Evening star., 1948-12-23
for More
Arlington Voting
Precincts Begun
Frisbie Election to
County Board Upheld,
Recount Refused

Steps were taken today in Arling-
ton to comply with a suggestion
of a special three Judge court that
additional voting precincts be es-
tablished.
The court made the suggestion in
a decision yesterday holding that
Alfred E. Frisbie was properly
elected to the County Board in the
November 2 balloting. The court,
sitting in Arlington, refused to or
der recount of the votes cast.
Speaking for the court, Circuit
Judge Walter T. Mccarthy Of Ar
lington suggested that steps be
taken Immediately to petition his
court for additional voting precincts.
Other members of the special bench
were. Judge Richard T. Wilson of
Petersburg Hastings Court and Cir
cult Judge Harold F. Snead of the
City of Richmond.
Davies Drafting Letter.
Today Bankhead T. Davies. secre-
tary of the Arlington Electoral
said he was pl pleparing letter
requesting the County Board to Pc
tition the court for a redistricting
Of polling places.
Mr.. Davies, who pointed out the
petition must originate either with
the County Board or 20 qualified
voters, said the Electoral Board re-
quest would express particular con-
Germ for Columbia and Barcroft
precincts, the two largest of the "a.
The recount was requested by 20
Arlington taxpayers after Mr.. Fris-
Die, the Democratic nominee. de-
teated I. Lee Potter, an independent.
oy 79 votes. The petitioners alleged
he returns were false and improp-
erly counted. They also charged a
of other irregularities.
In announcing the decision, Judge
Mccarthy said also that efforts
should be made to get the State
Legislature to amend certain por-
tions of the election laws to per-
Recount Held Unjustified.
In the opinion Of the court, Judge
said, the law under which
he action was brought. does not
contemplate recount. He said the
court was of the further opinion
hat even though that point were
decided otherwise there was not
sufficient allegations here to justify
4 recount
"Conceding all the points made
by the petitioners, the election re-
turns would not be materially
changed" the judge declared.
Concerning the fact that more
judges and clerks than the law per-
mits were appointed to work at the
polls, Judge Mccarthy said:
LAS to whether these practices are
egal, the court expresses consider
able doubt but it points out although
there may be some doubt, there is
1othing inherently wrong in extra
Judges and clerks
Hits Some Practices.
While some Of the practices of
election officials were probably not
strictly in compliance" with the
statute, Judge Mccarthy said, there
vas mo appearance of any incorrect
allies"
The opinion declared also that the
court docs not put the stamp of
on these deviations from
he statute"
Judge Mccarthy said the court was
not in a position to hold this elec-
ion illegal" He said that such a
decision would adversely affect"
other matters, adding:
II particularly have reference to
he School Board bond issue"
In addition to the County Board
election and other contests, Arling-
;on voters also approved S4,750,000
bond issue for school construction
The court agreed TO evidence in
reduced by the petitioners that
there had been an error in. the total
reached by the election canvassers
after the election and that the ac-
,ual difference between the vote
by the two candidates was
10 instead of 129. The smaller num-
Der also was the difference shown
n the unofficial returns Immediately
after the election.