Evening star., 1948-12-11
FirstSevenF File
orEIection 10
CountyCounci|
Question Of Legality
Of Vote DeIiberoted
By Three Judges

With the first seven candidates
filed for election to the Montgomery
County Council on January 6, the
question still unanswered today was
whether the election can be held
legally.
The seven, sponsored by the Char
ter Committee, became candidates,
officially, when petitions in their
behalf were presented to the Board
of Election Supervisors in Rockville
just at the boards closing hour
yesterday.
Three Montgomery County Cir
cult Court judges, however, are still
celebrating over arguments over
the constitutionality of the sched-
uled election next month. The
three judges indicated that even if
they came to conclusion today. 1t
would be Monday before they could
file written opinion.
$3.50 Sign Petitions.
The petitions, filed yesterday, bore
about $3.50 signatures for the seven
candidates but the figure repre-
sents large amount Of duplication
because several signers affixed their
names to papers in behalf of all
of the seven candidates. Each
candidate had from 745 to 758 names
signed to his petition. Five hundred
names are required.
The deadline for filing hao been
declared to be Sunday but the
Board of Election Supervisors ruled
that an extra day would be allowed
candidates to file because of the
Sabbath. The board will keep its
Rockville Office open until midnight
Monday to receive any additional
candidates petitions.
At least three more are expected
to file, thus making pway race
for the seven available council
seats.
Candidates Listed.
Col. Norman B. Ames, president.
ana Plummer Shearin, executive
secretary of the Charter Commit
tee, presented the petitions to Ward
Caddington of the Board of Elec-
ton Supervisors. The candidates
are:
DR.. Lewis Merriam of Kensingtor
vice president of the Brookings In
stitution, and Frederic P. Lee, 6915
Glenbrook road, Bethesda. attorney,
for councilmen-at- at-large; J. Douglas
Bradshaw, Takoma Park attorney,
21O Rosemary street, Takoma Park:
Mrs. Dorothy S. Himstead, house.
wife, 122 Anne street, Chevy Chase;
Thomas c. Kelley, attorney, of
Jamestown; Augustus r. Selby,
-four and feed miller, of Gathers
burg, and P. G. Lyon, construction
engineer. farmer and banker OF
BrinkloW.
Charter Committee officials said
they we're playing safe in filing
yesterday, despite the Board OF
Election Supervisors ruling that
Monday would be ample time to
send in petitions. About go per-
sons canvassed the county with
petitions for each of the seven cam
didates and in some cases voters
failed to sign all seven petitions.
Others Planning to Run.
Three others who have indicated
they will run for the council as
independents" tin the sense OF not
being sponsored by the Charter
Committed are Charles K. Davies,
jr., Gaithersburg and Bethesda at
torney; Mrs. Alma T. Opal, Takoma
Park and Romeo w. Horad, colored,
of Silver Spring.
Judges Charles w. Woodward,
Stedman Prescott and Patrick j,
|Schnauffer heard arguments Thurs
day in suit which may sustain or
deny the legality Of the January 6
election. In the event the Charter
Committee loses. plans already have
been made to file an immediate ap-
peal with the Maryland Court of
Appeals which has only five more
days, ending next Friday, in its
current session.
The four incumbent Republican
councilmen, who were designated
county commissioners until recently,
brought suit against the Board Of
Election Supervisors challenging the
legality of the election. They say
they are entitled to fill out their
terms which run for two more years,
before being replaced under the new
charter which voters approved in a
referendum last month.
! The Charter Board and Charter
Committee intervened as defendants
with the election board and de-
murer has been filed to the Original
suit. 1t is a ruling on the demurrer
which both sides now are awaiting.