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MARYLAND COMMITTEE v. TAWES

[No. 140, Adv., September Term, 1962.]

229 Md. 406 (1962)

184 A.2d 715

MARYLAND COMMITTEE FOR FAIR REPRESENTATION ET AL. v. TAWES, GOVERNOR ET AL.

Court of Appeals of Maryland.

Motion for rehearing, filed August 2, 1962.

Denied September 11, 1962.

Opinion filed September 25, 1962.

Attorney(s) appearing for the Case

Alfred L. Scanlan, with whom were Shea & Gardner, John B. Wright and Johnson Bowie, on the brief, for appellants.

Thomas B. Finan, Attorney General, and Joseph S. Kaufman, Deputy Attorney General, with whom were Morris Turk, Attorney for Board of Election Supervisors for Anne Arundel County, on the brief, for appellees.

Brief Amicus Curiae filed by Montgomery County, Maryland. Alfred H. Carter, County Attorney for Montgomery County, and Richard J. Sincoff, Assistant County Attorney, on the brief.

The cause was argued before BRUNE, C.J., and HENDERSON, HAMMOND, PRESCOTT, HORNEY, MARBURY and MACGILL, Associate Judge of the Fifth Judicial Circuit, specially assigned, JJ.

Decided per curiam, July 23, 1962.

Judgment reversed and case remanded, 377 U.S. 656.

Probable jurisdiction noted, 374 U.S. 804.

HENDERSON, J., delivered the opinion of the Court.

On July 23, 1962, we filed a per curiam order affirming a declaratory decree of the Circuit Court for Anne Arundel County that Article III, sec. 2 of the Maryland Constitution is valid and constitutional...

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