Evening star., 1954-08-05

Circuit Court
Ruling Against
Upset.
Judge Is Directed
By Appeals Bench
To Heor Arguments
BY the Assoelotsd Press

has breathed new life into George
P. Mahoney's efforts to get the
Maryland Democratic guberna-
torial nomination and. at the
same time. delayed indefinitely
the naming OF a candidate to OPP
pose Gov. .McKeldln.
The high court yesterday re-
versed a Circuit Court ruling that
went against Mr.. Mahoney in
his legal tug-of-war with DR..
H. c. Byrd for the nomination.
1t did this: Directed Judge
William P. Horney of Centreville
to hear arguments In Mr., Ma
honey's bid for court exafnina-
ton of $50 ballots in Queen
Annes County and 220 in Talbot
which he claims should be thrown
out.
Refused to Hear Arguments.
Last week, Judge Horney re-
fused to hear arguments. He
upheld the contention of attor-
neys for DR.. Byrd and the elec-
tion supervisors of the two
counties that the supervisors
were within their rights in ap-
proving the challenged ballots.
He ruled, There isn't any au-
thority in law for the court to
compel the supervisors to with
draw and reject the alleged in
valid ballots"
But the Court of Appeals dis
agreed, citing a previous election
suit in its brief decision. It said
it would go into detail later in
a full-blown opinion.
Cite 1916 Decision.
The court took the, side. of
Mahoney attorneys who cited
Hammond VS.. Love, a decision in
the 1916 primary fight for the
Democratic nomination for Bal
timore County treasurer. They
said that Court Of Appeals de-
cision clearly indicated that ac-
tions of election boards were
subject to review by the courts.
The courts ruling was a VIC
tory for Mr.. Maheney-his first
in q long series Of court cases
and recounts extending back five
weeks. But it didn't give him
the nomination, and he still has
an uphill battle If hi is to take
1t away from Dr. Byrd.
Harry T. Gross, attorney for
the Democratic State Central
Committee, explained that the
decision simply requires the
lower court to have hearing on
the merits Of the case and reach
a finding Of fact. The finding
of fact will be whether the
boards of election supervisors
exercised proper discretion in re-
jecting or accepting certain bal
lots"
In other words, Judge Horney
need only listen to the arguments
and still may rule that there
isn't any ground for re-examin-
ing the challenged ballots.
Must Have Both Counties.
If he should rule in Mr.. Ma
honey's favor and examine the
ballots, most of them would have
to be thrown out to give Mr..
Mahoney the counties seven
unit votes and the nomination,
Mr.. Mahoney must have the unit
votes of both counties to upset
DR.. Byrd's victory.
And the Byrd forces would
not sit idly by while the bal
lots were being thrown out.
William c. Walsh of Cum
berland. former Maryland at
torney general who represented
DR.. Byrd and the election
boards at Yesterdays Court OF
Appeals hearing, said there were
ballots in Queen Annes County
which bore similar markings to
those challenged by Mr.. Ma
honey. If it comes down to a
re-check, he said. the Byrd
: forces would challenge them.
Mahohey Halls Ruling.
But Mr.. Mahoney took hope
and hailed the ruling as Every
good news-not only to me, but
to the many thousands Of, loya
Democrats and to all Maryland.
ers interested in free and fail
elections, protected by ever,
safeguard which the law and tht
courts can afford"
; He said he was confident ther.
would be no undue delay in con.
J sideration of the case and thar
the Democratic convention woule
be able to make its nomination
soon.
DR.. Byrd. meanwhile. saie
plans to reconvene the Stat
, convention-recessed July 26--
next Monday had been called of
Delegates will not be recalled
, he said. until the court actor
is finally decided.
Court officials in Centrevill
said it would be tomorrow o
next Monday before Judg
Horney could get to the case.
d. ca r1eo <7H