Evening star. [volume] (Washington, D.C.) 1854-1972, 1954-07-30
Court Upsets
7 Election Suits
By Manoney
Action Anticipated;
Appeals May Be
Filed Today
BY the Associated Press

CENTREvn1E, Md. July 80.
Circuit Judge William r. Hor-
ney today dismissed two election
contest suits brought by George
p. Mahoney in his efforts to
upset the outcome of the June
% primary and obtain the DEM
ocratic nomination for governor.
Mr.. Mahoney had sought to
get Talbot County's four county
unit nominating votes and the
three in Queen Annes from DR..
H. c. Byrd.
j. Thomas Clark. attorney for
Mr.. Mahoney, said Judge Hor-
ney's action had been antici-
pated and his decisions will be
taken to the Court Of Appeals
at Annapolis.
He said the appeals probably
will be filed later today. There
is a possibility the States high
est court will meet in special
session Monday to hear the ar
guments and make its decision.
Mr.. Mahoney had asked for
writs of mandamus requiring
the election supervisors in the
two counties to invalidate about
$50 Talbot County ballots and
about 220 in Queen Annes which
they accepted as good ballots
when they made recounts de-
manded by Mr.. Mahoney.
Demurrers Sustained.
Judge Horney sustained de-
murrers against his plea.
He said in his opinion In the
Queen Annes case:
There isn't any authority in
law for the court to compel the
supervisors to withdraw and re-
ject the alleged invalid ballots.
ITO do so would be equivalent
to a second recount, at least in
part, for which. the law does
not provide.
"Nor is there any provision in
the law for this court to hold a
recount of the ballots or review
those alleged to be invalid.
"On the contrary, that func-
ton has been entrusted by the
Legislature to the supervisors,
sitting as judges of elections.
ITO hold otherwise would be
absurd.
THE duty of the supervisors
to 'recanvaSs and recount the
ballots when required to do so
by provisions of the law carries
with it the further duty to exer-
else their discretion and judg-
ment in determining which bah
lots were properly marked and
which were not, provided they
were not arbitrary or capricious.
"This court finds no allegation
of specific facts in the petition
to hold that they were. =
Same Grounds in Other One.
Judge Horney relied on the
same reasons in turning down
Mr.. Mahoney's petition concern
ing Talbot County.
His decision, for the moment
at least, left DR.. Byrd with sc
unit votes for the gubernatorial
nomination and Mr.. Mahoney
with 72-exactly where they
stood when the votes first were
counted more than a month ago
Mr.. Mahoney had lost three
recounts in three counties anc
one Baltimore City Legislative
district where the outcome was
close.
Last Monday, the Court of APP
peals turned down similar pleas
Mr.. Mahoney brought to it after
adverse decisions in Calvert
County and the 4th Baltimore
district.
Convention May Be Called.
With Mr.. Mahoney losing be-
fore Judge Horney, the party
leaders now are expected to sum-
mon the Democratic State Con-
vention back into session next
Wednesday for the formality OF
awarding the nomination on the
basis of the primary returns.
BY that time. presumably. the
Court of Appeals will have de.
oided the two remaining appeals
and the convention will be calico
on the assumption the high cour1
will uphold Judge Horney.
The convention originally me
last Monday, but recessed with.
out awarding the nomination be.
cause Of the pending court cases