The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-04-19

The SHERIFF of this city yesterday received the
warrant of Mr.. Speaker KILBoURN ordering and
directing 'that an election for Ten Delegates of the
estate of Maryland for Baltimore city be held at
"the places designated by law, to represent the
''said city in the present General Assembly of
maryland, and that he (the SHERIFF) do give
'notice thereof according to law" This election
is rendered necessary by the resolution passed on
the tenth of March, declaring the election of the
second Of November illegal and void and direct
ing the SPEAKER 10 issue his warrant to fill the
vacancies thus ascertained to exist. The warrant
of the SPEAKER bears date the tenth of March.-A
few words of explanation seem 10 be required TO
enable our readers TO comprehend precisely the
effect of this action of the SPEAKER, and what is
required of the SHERIFF under the existing cleo
ton laws The 10Th section of the third article
of the Constitution provides for the filling of
vacancies, in the Senate and House of Del
egates, occurring by ''death, disqualification,
resignation, refusal to act, expulsion or removal
from the county or city," for which the Senator
or Delegate shall have been elected, but makes no
provision whatever for vacancies happening by
reason of an election being declared void, as in
this instance 1t therefore follows that we must
look to the Code for directions how to proceed to
fill, by election, the vacancies at present existing
in our representation in the Legislature. For
Especial elections" the Code provides that war
rants shall be issued TO the SHERIFF of the county
or city where the election is to be held who shall
appoint day for the holding of the same, and
shall give at least ten days notice thereof excu-
r A. IL
by advertisements, &c, under penalty of fifty
dollars ''Such election shall be held within fif.
'teen days after the warrant shall be received by
"the SHERIFF" At the last session of the
Legislature, however, the election law of
the State, so far rs relates to the city of
Baltimore, was altered so to require the SHERIFF
of this city to give 'hree weeks instead of 'tten
days" notice for special elections; for the
5lst section of article 35, of the Code which we
have quo.Cd above at length, the following was
substituted-''s election shall be held within
''fiteen days after the warrant shall be received
''by the SHERIFF, except in the city of Baltimore
"where t1remy.fre days ShdH eldpse between the
''receipt Of the warrant and the time when such
election shall be held" 1t seems, therefore, that
outside Of the city OF Baltimore, all special cleo
tons must be held rihn fifteen days after re-
cept of the warrant--but here ii is only provided
that twenty-five days must eapse in such cases
1tore an election can legally take place. 1t is,
therefore, not perfectly plain that the SHERIFF is
compelled TO order the new election at the end of
The next twenty-five days, though there can be
little doubt that such was the intention of the law
By the Goth section of the 81 article of the Con-
atitutOn before referred TO, it is ''provided that
''unless meeting of the General Assembly may
Intervene, the election SO ordered TO ill such va
''cancy, shall he held on the day of the ensuing
''clecton for Delegates and Senator's" If such
vacancies as those now existing, had been includ-
ed in this section it is clear that there could be
no election unless extra session were called by
the Governor