Battles City Elections Commission in State Supreme Court; Judge Holds Decision

Represented by the Harvard Legal Aid Bureau, a third-year law student battled with the City Election Commission before the bar of justice yesterday in what may well be a test case on the right of graduate men to vote in Cambridge. Justice Qua of the State Supreme Court reserved decision.

The plaintiff who insists that he has made a permanent residence here is Frederick B. Dailey, graduate of Dartmouth College and former resident of Campello. His attorneys were Edmund Stephan 3L, president of the charity society and Jerome C. Hofmayer 3L.

The student counselors asked for a writ of mandamus to allow Dailey to vote in the elections next week, while City Solicitor Evarts, on behalf of the local commission, maintained that the third-year man was not intending to reside here.

The immediate question hinges on the legality of the registration of 30 graduates who were personally challenged at the polls by City Councilman Michael Sullivan.