Evening star., 1948-06-13
Court Rules.
Tomorrow on
Primary|s Issue
Order Blocking
Democratic Election
To Be Considered
By ChoImers M. Roberts

Democratic National Convention.
District Court Justice r. Alan
Goldsborough. who last week signed
restraining order designed to
block the election because names of
four antiorganization candidates
were ruled off the ballot, will hear
a motion by the Democratic Gen.
tral Committee to cancel the order
and permit the election.
A companion move, involving the
election of the 22-man District
Democratic Central Committee, also
may be considered at the same
time. Chief Justice Bolitha j. Laws
yesterday signed a restraining order
to halt the committee election be-
cause six of the antiorganization
group were left off this part of the
same ballot.
1t also is possible that one part
Of the election and not the other
may be held.
Basis of Fight Cited.
Basis of the fight is the question
of whether the Districts six votes
at the Philadelphia convention, be-
ginning July II shall be pledged to
denomination of President Truman.
The regular organization, headed by
Attorney Melvin D. Hildreth, wants
a pledged delegation.
The opponents, a group backed by
the liberal, anti-Communist Ameri-
cans for Democratic Action, want
an uninstructed delegation and an
open convention. ADA has made it
clear it prefers either Gen. Eisen-
hover or Supreme Court Justice
William o. Douglas to President
Truman.
In asking Justice GoldSborough
to throw out the restraining order
and permit the election. set for
from to 8 pm. tomorrow, the or
ganization petition says:
THE Democratic Central Com
mittee has the sole discretion to
determine the eligibility of any ap-
plicant to have his name placed
upon the ballot for selection as
delegate to the Democratic Conven-
ton or to be member of the Demo-
cratic Central Committee and their
discretion cannot be controlled by
the court"
No d. c. Election Law.
Tomorrow court argument, thus,
is likely to revolve around the ques-
ton of jurisdiction. In every one
Of the AZ States there are local. elec-
ton laws governing the choosing OF
convention delegates. But there is
no such law for the District. Hence.
in both the Democratic and Repu-
lican Parties, the rules have been
made by the parties themselves.
In q similar Republican intra-
party fight last month, an anti
organization group sought similar
restraining order from Justice Colds
borough. In that case, however,
the judge refused to sign such an
order and instead held a hearing at
which he declared "the court has
not the slightest doubt that it is
without jurisdiction.
The Republican dissidents have
taken an appeal to the Court Of
Appeals, Attorney Marvin Willig
said last might. They also named
a slate of three rival delegates to
the Republican National Conven-
ton which opens in Philadelphia a
week from tomorrow. The creden-
tials committee will hear the dis
pute this Thursday in Philadelphia
to determine which group shall rep
resent District Republicans.
! McGrath Takes Stand.
! A similar situation may occur in
the Democratic party here If the
ADA-backed group losses its court
appeal. Democratic National Chair
man McGrath already has stated
that if the organization group sends
delegates to the convention in ac-
cordance with their announced pro-
cedure, and another group also
chooses delegates, I will recommend
to the Credentials Committee of the
convention that it seat those dele
gates most democratically elected,
The ADA quartet seeking place
on the ballot for delegates is COM
posed of Joseph L. Rauh. jr., ma
tional ADA Executive Committee
chairman; Tilford Dudley, national
assistant director of the CLOS Po-
litical Action Committee: Mrs Ern-
est K. Lindley and Mrs. Walter
Loucheim All but Mrs. Loucheim
also are seeking to run for the GEN.
tral committee posts along with
Benjamin S. Sigal, head of the
Washington ADA chapter; James c.
Turner. jr, business agent for an
AFL Operating Engineers Union To-
cal here. and Gerhard van Arkel
former general counsel Of the Ma
tional Labor Relations Board.
Opposition Explains Decision.
The basis of the regular organi-
zation's refusal to place the names
Of the ADA-backed group on the
ballot is that they have first
; political loyalty to organizations
outside the party and would be rep
resenting such organizations rather
than District Democrats at the con-
vention.
To this ADA replies that more
than 100 ADA members have beer
elected delegates or alternates ir
: other states. that Jack Kroll, the
national head of CIO-PAC is a del
egate from Ohio, and that Phillip
Murray, president of the CIO, Is
a delegate from Pennsylvania.
Finally, the ADA says that MIR
Hildreth himself is a member in
good standing of the ADA chapter
here. He pledged s1o0 at the found
ing of ADA and has paid up the
pledge, ADA said last night.
The organization is represented
in the legal action by Attorneys
Leslie C. Garnett and Samuel F.
Beach while the rival group is rep
resented in its two restraining order
requests by Wallace NJ. Cohen and