Evening star. [volume] (Washington, D.C.) 1854-1972, 1962-10-17
Appeal Weighed
In Dismissal of
Toxpoyer's Suit
BY JAMES b. ROWLAND
Star Staff Writer

scored Dy nome rule IedQeTS
yesterday when the validity Of
1928 charter referendum petit
ton signatures was unani-
mously upheld by a special
seven-member panel of judges
sitting as a Prince Georges
Circuit Court.
The jurists agreed one of
their members. Judge Roscoe
H. Parker, correctly granted a
charterite mandamus last Fri
day and subsequently ordered
the election board to put a
charter referendum on the
November 6 ballot. The board
appealed to the court enbanc.
The judicial panel yesterday
comprised the entire bench OF
Maryland's Seventh Judicial
Circuit and conducted the ap-
peal in a procedure not used for
some 20 years The hearing in
Upper Marlboro lasted 312
hours, with so minutes for de-
liberation.
Another Hurdle Possible
But there is still a chance
the Court of Appeals will be
asked to hear a charter block
ing taxpayers suit filed by
Joseph H. Deckman Of College
Park, chairman of the county's
Progress and Publicity Com
mittee and vice president of the
Chamber of Commerce.
His attorney, John w. Mitch
ell, said he probably" would
go to the appellate court, and
would know for sure today. Mr.
Deckman's suit was dismissed
Friday by Judge Parker when
he ruled for charterites in their
fight to get election board GER
LITIGATION of petition signatures.
Judges yesterday affirmed in
Judge Parker's decision that
charter forces had proven pc
tition signatures were genuine
and bonafide, and that the
signers were registered voters.
Such proof was required in a
September appellate court de-
cision. 1t said one invalid sig
nature on a petition meant that
all others on the sheet also
would be ineligible until proven
otherwise.
Names CheckOut
Chief Judge John B. Gray. jr.,
speaking for the panel yester-
day, said the eligibility of pc
tition signers was established
when Election Board clerks tes-
titled last week the names
checked out with voter registra-
ton records.
Judge Gray added that the
genuiness of signatures was
shown when William J. Avru-
tbs, a petition circulator, said he
solicited names by first inter-
viewing citizens as to their vot-
ing eligibility. He therefore said
he could vouch for the genuine
ness of their signatures.
Attorneys last week then
stipulated that other election
clerks and petition circulators
would give similar testimony to
cover the 12,248 signatures,
Judge Grey noted.
Applying the appellate court
decision to the 12,248 names.
the Election Board had claimed
the number was reduced to
4,278. A total of 10000 is need
ed to get the referendum on
the ballot.
More Signatures Filed
Diehard charter foes said
yesterday the home rule work.
ers might be further thwarted
if the Election Board can in
validate a sufficient number
of petition signatures to get a
five-member Charter Board
candidate team on the ballot.
A minimum of 1000 signatures
is required.
Charter forces two weeks ago
submitted 2,077 signatures.
The Election Board said only
l 1868 were valid, and the num-
Der was reduced to 1,453 by
the September appel
late court decision.
Another 1910 signatures
were filed yesterday after they
first had been checked out
against Election Board regis
tration books to insure their
validity, charter officials said.
If home rule workers win
their campaign, citizens will
vote November 6 on both a
Charter Board, and five per-
sons to comprise the board
that will draft a new form of
The new propo-
sal then would go before voters
in November, 1864.