Evening star., 1948-12-14
I0unN nedQS
Appeal Decision
On Council Vote
Montgomery Ruling
Comes as Lost of 10
Qualify for BoIIot
By John v. Horner

Tne dc1Slon OF Montgomery Coun-
ty Circuit Court in favor of a spe-
cial County Council election Janu-
ary 6 was carried today to the
Maryland Court of Appeals by four
commissioners who hope yet to
block the vote.
The Circuit Court ruled against
the commissioners in a 2.4OO-word
opinion handed down at Rockville
yesterday.
The decision came as the last oil
10 candidates for the new council
qualified to get their names on the
ballot. The deadline for candidates
to file election papers was last mid
night.
Unless the Court of Appeals re-
verses the three-judge Circuit
Court, Montgomery voters will elect
their first seven-member council
three weeks from Thursday. The
new body will replace the old COM
missioners January 10 and will be-
gin full operation of home rule"
government.
Explain Early Verdict.
Before the ruling was made pub
lie. Judge Stedman Prescott ex-
planned that story in The Sum
day Star caused the three judges
to file their verdict several days
earlier than they had planned.
The Star pointed out that the
Court of Appeals had set up time
table for this case which would re-
quire the appeal to be filed not later
than today if the appellate tribunal
was to settle the issue before its
Christmas recess Friday. The Court
Of Appeals does not reconvene until
after the election date.
''We were unaware of the time
schedule" said Judge Prescott. "As
soon as We read the Stars news
paper article we conferred and i'm
mediately arranged to write our
opinion"
Then he expressed gratitude for the
story, saying it was helpful to the
court.
Dismiss Injupction Plea.
Judges Prescott, Charles w. Wood
ward and Patrick j. Schnauffer
simultaneously dismissed the COM
missioners' plea for an injunction
against the election and sustained a
demurrer to that petition. The de-
murrer was filed by the Board of
Election Supervisors and two char
ter organizations.
They rejected the commissioners
contention that special election be-
fore 1850 would be unconstitutional.
Independents File.
Three citizens who will run indie
pendently in opposition to the
charter nominees filed notices of
candidacy yesterday.
They are Mrs. Alma T. Opal, Ia
koma Park housewife. for one of the
seats at large: Romeo w. Horad,
colored real estate broker, Silver
Spring. for the 5th district seat. and
Charles K. Davies. jr.. Gaithersburg
and Bethesda lawyer, for the I'd dis
trict. Mr. Davies is a Democrat and
the other two Republicans.
The charter slate is as follows:
P. Garland Lyon of Brinklow,
construction engineer, first district;
Augustus r. Selby, Germantown
miller, second district; Thomas C.
Kelley, Darnestown, lawyer, third
district; Mrs. Dorothy S. Himstead,
Chevy Chase housewife. fourth dis
trict: J. Douglas Bradshaw, Tako-
ma Park lawyer, fifth district; Fred
eric p. Lee. Bethesda lawyer, and
DR.. Lewis Merriam of Kensington,
vice president of the Brookings In
stitution, for the two seats at large.
Lack of Opposition.
Thus, at least four charter candi-
dates will win for lack of opposition.
They are Mr.. Lyon, Mr.. Kelley,
Mrs. Himstead and at least one
of the two nominees at large
Mrs. Opal will be in a three-cor-
nered race with Mr. Lee and DIR.
Merriam, while Mr. Horad will bid
for the seat for which Mr.. Brad
shaw won the charter nomination
and Mr.. Davies will run against Mr..
Selby.
The three judges answered all
arguments advanced for the COM
missioners by Attorney F. Barnard
Welsh. They adopted, in effect, the
charter views presented in argu-
ments last Thursday by Frederic
Lee.
The court held that charter pro-
visions for the special election are
not. as Mr.. Welsh contended, in
conflict with the Maryland consti-
tuition.
The court said that when the vot-
ers approved the charter in a ref
erendum last month. they deter
mined that it would become the
new law of Montgomery County on
December q Since it is law. the
Circuit Court held. its provisions
are now operative.
Under this Interpretation the
Judges ruled the commissioners are
not entitled to continue in office
for the remaining half of the four
year terms for which they were
elected They also stated that the
method of nominating candidates
this year has not been In violation
OF the Lindsay law, which forbids
nonpartisan elections in charter
counties.
Lees Argument.
Mr.. Lee had argued to the Cir
cult Court that only a an elected
county council would have authority
hereafter to enact local legislation
He said the General Assembly lost
this right when the charter was
approved and declared it was moi
passed on to the old county com.
missioners, who are sitting as ar
interim council.
The court adopted this view il
IT'S opinion yesterday.
THE Legislature can no longe
enact public local laws for Mont
somery County" it stated. "Neithe
can the present council; only tn,
council elected under the provision
Of the charter can pass. amend ant
repeal local laws for this county. 49,