Evening star., 1948-12-17
Council Election
In Montgomery
Upheld asLega|
Appeals Court Lifts
Lost Barrier to Vote
Scheduled Jonuory6
By John v. Horner
Stur StoH correspondent


the last legal barrier to q Count,
Council election in Montgomer,
County January 6.
1t entered a one-sentence orde,
here yesterday Affirming the recen
decision of Montgomery Circui
Court which held that special elec,
tion on that date would be legal.
Accordingly, plans went aheat
Immediately to substitute full coun
cil-manager government, under tn,
new charter. for the old count,
commissioner system.
The seven member council will
take office January 10. All provi
sions of the charter will becom,
operative at that time. Until JAM.
ary 10 the holdover commissioner.
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 ar
opinion to be filed hereafter, it /.
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 Republi-
can county commissioners for ar
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 a Half.
The Court of Appeals announced
its decision only an hour and a halt
after hearing arguments on the con-
stitutional issues involved.
1t 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.
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 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.
The lawyers were interrupted fire.
quently by questions from the five
judges comprising the court. In ad-
dition to Chief Judge Marbury, the
tribunal consisted of Associate
Judges Edward S. Delaplane, Ste
phen r. Collins, William L. Hender-
son and Emory H. Niles. Judge
Miles, member Of the Baltimore
Supreme Bench, sat in lieu of Judge
Charles Markell, who is i'll.
Mr.. Welsh was assisted in his
case by David E. Belts, Rockville
attorney, while counsel associated
with Mr.. Lee were Carey E. Quinn,
attorney for the Board of Election
supervisors; Gerald D. Morgan,
James j. Hayden, r. Edwin Brown
and Allen H. Gardner.
Apprised of the appellate court S
ruling. Mr.. Lee said he was "ex-
tremely grateful" and added:
I believe now that the last block
has been removed to the election of
a County Council"
Mr.. Quinn said he was "particu-
larly pleased" because the decision
probably means the end of a ses-
sion OF unpleasantness in Montgom-
cry County" He said that, so far
as he could see, all major questions
regarding the transition in govern
ment have been adjudicated.
10 Seek Council Seats.
Ten candidates are in the running
Tor the council, two to be elected at
large and one each from the five
commissioner districts.
The Charter Committee has a full
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.
James, Cosgrove Named
Charter Group Officers
Stephen James, Silver Spring, anc
James A. Cosgrove, Chevy Chase
Nare alecfnd utna oroe;a..4