Evening star., 1948-11-18
6, 0. P. Gives Up
Council Race in
Montgomery
Charter Committee
Gets Free Hand Except
For Commission Suit
By John v. Horner

6y John v. nofneI
A Republican decision to make
no nominations today assured the
Montgomery County Charter Com
mlttee full say in naming the new
seven-member County Council.
The council will be elected for
mally on January unless litiga-
ton threatened by the retiring
county commissioners prevents the
scheduled voting. Charter supporters
are proceeding on the assumption
that the balloting will take place.
The commissioners effort to block
the election so as to keep themselves
in Office for two more years, resulted
yesterday IN the resignation OF
Thomas C. Kelley of Gathers
burg, as assistant attorney to the
board Mr. Kelley has worked ac-
aively for the charter movement,
The county Republican State Gen.
tral Committee agreed last night
to forego the privilege OF either
nominating or recommending to the
Charter Nominating Committee a
slate of its members for the new
council.
Follow Democrats Lead.
The COP thus followed the lead
of the Democratic organization. 1t
said in statement:
THE results of the election indl-
cate that majority of the people
want charater form of govern
ment and it is now the wish of the
Republican State Central Commit
tee to cooperate in securing the
best possible council"
The Republicans said last week
they expected to submit recommend
ations, but Chairman Walter w
Dawson declared today that his
party was not influenced by the
Democratic hands stand.
Mr.. Dawson said the committee
concluded that nominations might
be misinterpreted as an injection OF
partisan politics into the election
The chairman added that the Re-
publican commissioners who seek to
prevent the election are acting as
individuals. He said the county
committee is not responsible for
their decision.
Suit May Curb Legislation.
Meanwhile. Frederic P. Lee, lawyer
member of the Charter Committee
predicted that Montgomery would
have no machinery for the enact
ment of legislation during the next
two years if the commissioners WIN
the election injunction.
Mr.. Lee said the General AS
sembly is prohibited specifically
from adopting laws for counties
which have charters. He asserted
that provisions of the Montgomery
charter reserve to an elected coun-
Gil all legislative rights. The COM
missioners, by continuing in office
for two years, would not inherit
this authority. he declared.
The injunction suit and possible
council candidates will be discussed
Tuesday night at meeting OF the
Charter Committee Spokesmen
said they weren't convinced that
the court test would be pressed.
The suit hasn't been filed yet,
said Col. Norman Ames, president
of the Charter Committee, but
If it is, you can be sure we will
Jump into the fight with both
feet. Actually, 1t NAV never be
filed. 1t is intended only as plan
of harrassment by the die-hards.
But in this case. they are irritating
1000 voters-not just members OF
the Charter Committee.
The commissioners have been
CRYING for months about their hard
Jobs. Tney have said their work
is a thankless task. They said
they would gladly give UP their
places to any one else.
Brooke Johns president of the
commissioners, has said these
things repeatedly. Now they talk
about getting an injunction to keep
them in office.
Voters Have Decided.
II have absolutely no patience
with them. The voters certainly
have the right to decide how they
want to be governed and when
their representatives shall serve.
This, the voters have done
F. Barnard Welsh, the commits
sioners' attorney, said the equity
proceeding for an injunction bar
ring the January election would
be filed "expeditiously. He said it
will be based on the question of
constitutionality
we are not trying to thwart
the wishes of the people," SAID
Mr.. welsh. The charter was ap-
proved because there was no organ
lied opposition. If the referendum
were held next week, the charter
would be beaten. But whether the
people like the Injunction or not.
the commissioners we're elected for
four years and they have certain
constitutional rights which we are