Evening star., 1948-12-17
Council Election
Upheld as Legal
Appeals Court Lifts
Lost Barrier to Vote .
Scheduled Jonuor6
By John Y. Horner
SSey Staff cavvasnaua..x

ANNAPOLIS, Dec. 1.-THE Mary.
land Court Of Appeals has removed
the last legal barrier to . County
Council election In Montgomery
County January 6.
1t entered o one-sentence order
here yesterday afirming the recent
decision Of Montgomery Circuit
Court which held that q special elec-
ton on that date would be legal.
Accordingly. plans went ahead
Immediately to substitute full coun-
cil-manager government, under the
new charter, for the old county
commissioner system.
The seven-member council will
take office January 10. All provi-
sions Of the charter will become
operative at that time. Until Janu.
ary 10 the holdover commissioners
will act as the county's interim
council.
Must Pay Court Costs.
The per curiam" order, entered
late yesterday by Chief Judge Ogle,
read:
For reasons to be stated in an
opinion to be filed hereafter, it is
ordered by the Court of Appeals I"
that the decree (of Circuit Court
herein be, and the same is hereby
affirmed. with costs"
Thus the court of last resort dis
missed the request Of four Republic
can county commissioners for an
injunction which would have blocked
the special election. The commits
sioners must pay the costs of the
legal proceedings, instituted in an
effort to stay in office for two years
more.
The commissioners who brought
the action are Brooke Johns, presi.
dent; Wesley I. Sauter, Oliver w.
Roungblood and George c. Esworthy.
Their only Democratic associate,
Commissioner Charles Jamison, was
not a party to the suit.
Deliberates Hour and q Half.
The Court Of Appeals announced
its decision only an hour and half
after hearing arguments on the con-
stitutional issues involved.
It acted with the utmost speed
to dispel any doubt that might exist
with regard to the holding of the
election. The court gave this case
priority in order to rule before the
Christmas recess today.
The written opinion, stating rea-
sons for its decisions, will be filed
after the court reconvenes Janu-
ary II.
i AS in Circuit Court at Rockville,
the issues raised by the commits
sioners were warmly contested by
opposing lawyers.
F. Barnard welsh, attorney to
the commissioners, contended that
the Maryland Constitution permits
county elections only every fourth.
year, the next of which will be in
1850; that the incumbent commits
sioners have served just half Of
the four years for which they were
elected in 1916, and that the Lind
say law is being violated in the
nomination of new councilmen.
Judges Ask Questions.
Frederic P. Lee. representing the
Board of Election Supervisors and
various charter organizations, de-
MED all these allegations. He said
the charter followed the constitu-
ton in setting up a council election
January 6, that the new council has
full legal authority to assume all
duties Of the commissioners, and
that the Lindsay law Is not ap-
plicable to the forthcoming special
election.
Ten candidates are in the running
for the council, two to be elected at
large and one each from the five
commissioner districts.
The Charter Committee has a fun
slate Of seven candidates. Three
other persons are running independ.
emily but with Republican or Dem.
ocratic labels. The political organi-
cations have made no Endorsements,
however.