Evening star., 1950-06-09
Election Act
In Montgomery
Thrown Out
Court Of Appeals
Rules 1t Violates
Stute Vote Law
By J. B. Zotmon

Montgomery County's nonparti.
san election act was legally dead
today.
The Maryland Court of Appeals
yesterday threw out the contro-
versial act on the ground it. vio-
lates the States election law. The
decision upheld a Montgomery
Circuit Court opinion and consti-
tutes a major defeat for the
county's charter government.
Col. Norman B. Ames, president
of the County Charter Commit
tee, when notified of the ruling
said his group would keep fight
ing for supporters of the charter
government" in the November
general election.
He admitted, however. that ''it
will make it harder for us to get
the kind of people we need"
County Council President Fred
eric P. Lee said the matter ap-
peared closed and that the coun-
Gil, which passed the act in May,
1949, planned no further action
Further Effort Pledged.
At least one member of the
county's legislative delegation said
however, that if he runs again In
November and is reelected, he
will continue his efforts to repeal
the so-called Lindsay law, when
the General Assembly convenes in
January.
This law requires party labels
for council candidates in the pri-
mary and general elections. II
was passed in 1945.
The delegate, Dewitt S. Hyde
said he had always favored its
repeal 80 the people of Mont
gomery County could decide for
themselves how they should elect
their own officials"
| Another delegate, r. Duncan
Clark, said he favored amending
the Lindsay law to permit charter
counties to provide for local elec-
ton procedures in their charters
J. Bond Smith, chairman of the
Democratic State Central Com
mittee for the county. expressed
qualification" over the decision
eve felt that the local act took
away the rights of Democrats and
Republicans to vote for their own
party nominees" he declared
land would strike a serious blow
against the two-party system"
Candidacy Upheld.
Yesterdays decision affirms the
right of Gerald D. Morgan, Be-
thesda, to enter Democratic pri-
mary in September for election to
the council. Mr.. Morgan filed last
February, but the Board of Elec-
ton Supervisors refused to accept
his name pending outcome of the
litigation. Mr.. Morgan is a char
ter supporter who said he believes
in partisan elections.
The opinion also ipdorsed the
Lindsay law as "a clear legislative
intention to forbid the particular
variation set up by the County
Council Elections Act" which
abolished party designations on
primary and general election bal
lots.
The local act was passed by the
council at its first legislative ses-
sion, after Montgomery voters
ratified a home-rule charter for
their county government.
County Attorney David Mac
donald had insisted Montgomery
could set up a nonpartisan elec-
ton system under the constitu-
tional provision permitting resi-
dents of charter counties to adopt
a form Of government"
Court Got Question.
The question Of which of the
two laws was valid was brought
into Montgomery Circuit Court
last February. At that time, Col
Ames filed suit to prohibit the
Board of Election Supervisors
from holding a party primary for
the council.
Judge William L. Henderson
said in yesterdays unanimous
opinion, however, that Montgom-
cry and any other charter coun-
ties set up under the State Con-
stitution do not have a wide open
field in which to legislate.