Evening star., 1948-11-17
County Board
Sue 10 Block
Council Election
Montgomery Heads
Authorize Action in
Five-Minute Meeting
By J. B. Zotmon

By }. B. Zotmon
F. Barnard Welsh. attorney to the
Montgomery County commissioners.
today prepared to file suit in Circuit
Court in an attempt to block the
scheduled January 6 election Of
county council members.
The action was authorized by the
commissioners in a 5-minute closed
session yesterday in the Silver
Spring Liquor Dispensary Building.
Under the county's new charter,
adopted November 2, a seven-mem-
Der council would replace the pres
ent five-man Board of Commits.
sioners January 10 as the county's
governing body. The charter, itself.
becomes effective December 2 and
the commissioners would act as a
county council until the first elected
council takes Office.
Fight Is Promised.
Col. Norman B. Ames, Charter
Committee president. when informed
of the boards decision, said:
1--WE will fight it. We believe the
charter is perfectly valid and the
special election is perfectly legal and
will be held as scheduled"
He added the boards action would
not interefer with plans of his
groups Nominating Committee to
draft slate of council candidates.
Mr.. Welsh told reporters he would
base his suit on the contention that
the special election would be un-
constitutional. He argued that q
1922 amendment to the Maryland
Constitution provides that elections
of State and county officials must
be held in November once every
four years and makes no provision
for special elections.
These commissioners, Mr.. Welsh
declared. ARE going to hold their
Offices until their four-year terms
expire in November, 1850. If we
held a special election for council
members and it was ruled void, the
county would have spent needlessly
$4,000 appropriated for it and
county affairs would be thrown into
confusion"
Committee Took No Stand.
Mr.. Welsh, a Republican, and the
five commissioners, four of whom
also are Republicans. strongly OPP
posed the charter before the No.
vember 2 election. The Republican
State Central Committee for the
county, however, took no official
stand and has announced its inten-
ton to recommend council candi-
dates. Six of the seven members
Of the countys all-Republican leg
islative delegation supported the
home rule plan.
The board attorney said he prob
ably would name members Of the
Board of Election Supervisors as
defendants and would seek an in
junction to prohibit the group from
holding the election. He added he
would file the proper papers as
soon as possible.
If Mr.. Welsh's suit Is successful
those sections of the charter dealing
with appointment of county man.
ager and establishment of depart
ments of finance and public works
and the Office of the county attor-
ney would not 60 into operation un-
til after the next general election in
1850, according to James j. Hayden.
a member of the Charter Board
which prepared the charter.
Council Would Have Power.
The charter provides, he explained,
that these provisions become effec-
tive when the first elected county
council takes office. In addition,
the Office of county treasurer would
not be abolished since the charter
calls for the elimination of that
Office when the director of finance
is appointed.
The county commissioners, how
ever. acting as County Council,
would have all legislative powers
now vested in the General Assembly.
Meanwhile, the Board of Election
Supervisors yesterday agreed that
political party or principle" desig-
nations will be required of all coun-
Gil candidates. The decision was
reached on the advice of the boards
attorney, Carey E. Quinn.
Each candidate will be required to
state the following on his petition:
Name, home address, business and
business address, precinct or elec-
tion district and political afflliation
or principle" such as Democrat,
Republican, charterite or prohibi-
zionist.
Nominating petitions must be
signed by at least 500 registered
voters and must be received by the
Board of Election Supervisors not
later than midnight, December 13.