Evening star., 1948-11-16
Foes Of Charter
NaySeek toBar
Council Election
Group Claims Vote
In 1949 Is Illegal
Under Constitution

0IIOCI SOIJStltO
A possibility that legal action may
be taken by opponents of Mont
gomery County's new charter tt
block the election of county coun.
Gil members scheduled for January
6 was seen today.
The disclosure was made after
conference yesterday of a group ol
county attorneys who claim the
special election is illegal.
The meeting, one of series helc
by charter opponents during the last
two weeks, was held in the Rock
vile office of F. Barnard Welsh, at
torney to the County Commission
ers.
Those attending the meeting, ir
addition to Mr.. Welsh, were Davic
Belts, Charles w. Prettyman anc
James c. Christopher.
They we're among a group o1
lawyers who had predicted a week
before the November 2 election al
which the charter was adopted that
its approval would throw the
county into a whirlpool of litiga.
ton" Mr.. Belts was associated
with Hubert A. Schneider, Bethesda
and Washington attorney. in an un-
successful attempt last summer te
have a key charter provision de-
clared unconstitutional.
State Constitution Cited.
Mr.. Welsh said he planed to in
form the county commissioners to-
day of the groups views on the
legality of the Council election. He
added that any decision to file a
suit seeking to prohibit the election
would "be up to the commissioners. .
Such a suit, if successful, would de-
lay a Council election until 1850.
Mr.. Welsh explained that under
q 1922 amendment to the Maryland
Constitution. election of State and
county officials can be held only
once every four years. The last
such election, he pointed out, was
held In 1916.
THE home rule amendment to
the constitution under which the
county charter was drafted makes
no provision for a special council
election Mr.. Welsh declared
Consequently, we believe the Janu-
ary election would be invalid"
Hayden Denounces Plan.
James j. Hayden, member of
the board which drafted the char
ter, when informed Of Mr.. Welsh's
intentions, described it as IAN act
of political vandalism which is not
going to be successful"
Mr.. Hayden claimed nothing in
the State Constitution prohibits the
special election of a County Coun-
Gil under q charter form of govern
ment.
Mr.. Hayden said the Maryland
Constitution expressly provides that
the charter shall be submitted to
the voters at a general or special
election and, If approved. 60 into
effect 80 days later.
Claims Called Baseless.
Norman B. Ames, president Of the
Charter Committee, sadi the pro-
posal by the attorneys lis last act
of desperation" He asserted there
is no foundation for their claims.
Meanwhile, Mr.. Belts said that
If the County Commissioners fail to
take legal action in the matter,
there is not much question but
what some one else will"
Mr.. Belts also said he has advised
County Treasurer John B. Diamond
that the special election would be
illegal and that he could not turn
over county funds to any elected or
appointed official resulting from the
election.
Mr.. Belts has been retained by
Mr.. Diamond to investigate the
legality of any move to turn over
county funds to the treasurer's sue
cessor. Under the charter, which
goes into effect December 2, Mr..
Diamonds job is eliminated and his
duties are taken over by a director
of finance.
Charter Is County Law.
"There is no doubt" Mr.. Belts
asserted, that the cnarter is tne
law of the county, but the first
county council can not take office
until the first regular county elec-
tions in 1885,"
The Charter Committee, mean
while, set 9 pm. December 7 as the
date for its annual meeting in the
Indian Spring Country Club.
At that time candidates for the
new County Council will be intro
, duced. This does not mean, how
ever, that announcement OF in
dorsed candidates will be deferred
until that time or that all seven
nominations will have been COM
pleted on that date.
Directors to fill expired terms also
will be elected at this meeting.