Evening star., 1954-10-28
5- $ lf
G. 0. P. Pours
Fuel on Dispute
Over Hartman
Courts Must Decide
Eligibility After Vote
In D. c., Dewey Says

The question of whether Aver
ell Hartman became ineligible
to be Governor of New York by
voting in the 1852 District presi-
Dental primary boiled today as
Republicans merrily heaped on
the fuel.
Leading the stokers was Gov.
Dewey, who took to the air last
night with the solemn assertion
that the courts must decide
whether the Democratic candi-
date committed perjury" by
swearing" he was a resident of
the District two years ago.
The Republicans contend that
II Mr.. Hartman voted in the
District primary. he is ineligible
to become New York Governor
even If he defeats Senator Irving
M. Ives next Tuesday.
Their premise is based on a
section of the New York consti-
tuition. reading: mo person shall
be eligible for the Office of Gov
ernor except a citizen Of the
United States who shall
have been five years next pre-
ceding his election a resident of
this State.
Admits Casting Ballot.
Did or did not Mr.. Hartman
become in fact a legal resident
Of the District when he cast his
vote here That's the pivotal
question in this controversy.
Said Mr.. Hartman, who ad-
mits freely casting a vote for
himself Che outdistanced Senator
Kefauver 4 to l on the presi-
Dental preference BALLOT:
How silly can we get?"
That was Mr.. Harriman's Off
the-cuff observation. Later he
met his slightly worried advisers
and came out with this state
ment:
''It was clearly understood by
every one at the time, and sam
pie ballots that were widely dis
tributed in Washington spe-
cifically stated that participation
in this preference primary does
not prevent your voting in your
home State in November"
The Republicans were going
from the infamous to the ridicu-
lous, Mr.. Hartman added, and
said the District election had no
more significance than a straw
vote to pick a tavorite baseball
player.
Convention Delegates Named.
The Republicans were not so
sure about that. They pointed
out that the election also selected
six delegates to the Democratic
National Convention.
There didn't appear to be much
doubt whether Mr.. Hartman
actually signed the statement OF
residency on which the Repub-
licans are pegging their case.
Election officials here said il
was required of every voter be-
fore he stepped into the booth
But they insisted the purpose
was to discourage voters who
might drop in from Virginia OF
Maryland and were meant to
protect the voters right to par.
ticipate in the national elections
of his home State.
While the statement uses tht
words, 81 swear" officials sale
there was no actual oath-taking
Furthermore, the designers O
the statement carefully avoidet
the word "domicile" to avoid thu
construction that the voter rep
resents himself as a legal resi-
dent Of the District, it was said
Wording Of Statement.
This is the statement all vot
ers signed:
II hereby swear or affirm tina
Cd ! am a citizen Of the Unitet
States, (2) 81 years of age o
over. 80 have resided in tn
District for one year. and "A
have not voted in any Presiden
tial primary election elsewher
this year. (5) will support tn
candidates and principles of tn
| (See HARTMAN, Page A-4.)