The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1859-11-02
THE POWERS AND DUTIES OF JUDGES

OF ELECTION
The undersigned, Committee appointed, under
a resolu ton of the Reform Association of the 10th
Ward, to enquire into the powers and duties of
Judges of Elections, under the laws of Maryland.
respectfully report
That the powers in question are very clearly de-
fined, in their judgment, by the Act of 1905, ch 81
and its supplements, all the provisions of which, so
far as applicable, continued in operation, under
the existing Constitution, by the Act of 1852, CHI
1873. By virtue of these enactments each of the
Judges of Election, is, er o6tcio conservator of
the Peace until the ballots are counted and the
certificates made out, and each is clothed be-
sides, during the same period, with all the
power and authority of a Justice of the
Peace "to commit offenders for any breach of the
peace" Each of them may, by his warrant, cause
the arrest of parties offering to vote twice. or under
feigned name, or in the place of others of the
same name or without legal residence in the dis
trict, and each may take testimony, under oath, in
any inquiry touching vote which may be offered
By the act Of 1852 ch 1873, it is made their special
duty, under penalty of twenty dollars for neglect
in each case, to give information to the respective
States Attorneys OF all infractions of that act
which may be discovered by them. The offences,
which the act makes punishable, and which the
Judges are thus required TO report, the follow
ing: Removing into any election district or ward
not for the purpose of acquiring bona fde resi-
dence but for the purpose of voting therein at an
approaching election; voting unawfully in any
county, election district or ward, where the party
does not reside; voting in more than one ward or
district at the election; and voting, or offer
ing to vote, in feigned name, or in place of any
other of the same name. -
From the comprehensive and high functions of a
conservator and Justice of the peace, each Judge
derives the power and is therefore bound by the OBJ
legation, to adopt such measures may be necessa-
~ and sufficient to prevent threatened or impending
breach of the peace, or riot, or ARRAY or violence
at or about the polls, and to the punishment
OF those by whom the peace may thus, actually
have been broken. He has the right, by mer, YER
bal command, and without written warrant, to
direct the arrest of all who may disturb or leopard
the peace within his view, and to do the same
thing, by his warrant, whenever the peace NAV
have been broken, about the polls and beyond his
view. He may cause such arrests to be made bv
any private citizen well officer, and no such
officer or citizen can refuse to obey his requisiton
without being subject to indictment Heb the right
to summon, as posse, the whole body of citizens
who may be present, and command them to aid him
in maintaining tranquility and order, and his CALL
so officially made, is imperative, under pain of fine
and imprisonment for disobedence. His neglect or
refusal to exercise these his functions in case of
need, is a criminal misdemeanor on his part, for
which he may be indicted, fined and impris med.
All of the powers and duties thus enumerated are
inherent at common law, and have been inherent
from time immemorial, in the official power and
duty of preserving the peace, and the terms them
selves employed by the act of 1905 to desig-
nate the authority with which the Judges of
Election are clothed to that end, imply, by their
own mere force and legal Specification, the func
tons and obligations thus stated. The constitu-
ton employs the same common law terms,
with the same meaning, in the 10Th section
its 4th article defining the duties and powers of
Justices of the Peace and Constables. To the high
purpose for which the judges of election are en-
lowed with them no language can give higher sane
ton than that of the Declaration of Rights
of Maryland, when it proclaims that "elections
ought to be free" There is no doubt that BY the
vigorous use of the powers, and the conscientious
discharge of the duties enumerated, elections can
be made and kept free.
S. T. WALLIS,
NELSON POE.
October 81, 1859.