Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1862-01-09

gular condition of our State and National
affairs renders It imperatively necessary for
us to look to changes 10 our organic law.
II, in your discretion, you deem it proper
to take the step have indicated. suggest
the prnpriety and economy of so framing
the act for that purpose that delegates to
the convention may be voted for at the time
when the people shall vote for or against a
convention. OF Course. if the vote be against
convention, the election of delegates will
be void.
Although the matter mas been settled ju-
dicously, I deem it due to myself to ex-
plain the part I have taken in reference
to the late contest for the office of Comp
troler of the Treasury The Legislature
Of 1860 declared that A. Lingan Jarrett
Esq, was duly elected comptroller, in con
sequence of alleged frauds and violence at
the election in Baltimore city, in November.
1859 With the grounds of that decision
l had nothing to do, therefore it would
have been my duty to cause said decision to
be carried into effect had not been full y
satisfied that in so doing, should violate a
clear and plain law Of the State
The first section of article 20, of the Code
Of Public General Laws, says that the
com ptroller shall file his bond, and qualify
by making the declaration and taking the
oaths required by tine constitution and laws
before the Governor on or before the second
Wednesday Of January next ensuing his
election, on which said second Wednesday
of January the term Of his office shall COM
mence."
The decision of the Legislature was ar
rived at and Mr.. Jarrett presented his bond
and offered to take the oath of Office long
after the expiration of the period fixed by
law for those purposes. As | could not adj
mister the oath of office to him without
palpahly violating the law, refused to &C.
cede to his request to do so, and took no ac-
ton in the matter except to endorse upon
the bond offered by him my belief that the
suretcs thereto were sufficient. Whereupon
Mr.. Jarrett instituted certain legal proceed
ings in the premises, which were afterwards
withdrawn. Subsequently, tho incumbent
of the office resigned, and appointed DR..
Dennis Claude to fill the vacancy.
The Legislature, at its special session at
Frederick, passed an act to enable Mr.. Jar.
rett to qualify before one of the judges of
the Court of Appeals. He did so, and de-
manded possession of the office. Believing
the Legislature had no power to pass such
law, retroactive in effect, | requested Dr..
Claude to refuse to give up the Office. Mr..
Jarrett then opened an office in Annapolis,
and was duly recognized by the Treasurer as
being the Comptroller.
Believing it to be my duty, caused legal
proceeding Is to be instituted, to test the right
of Mr. Jarrett to proceed in the discharge
of the functions of the Office which he claim
ed. The courts decided that he had the
right, and thereupon DR.. Claude delivered to
him the books, papers, &c., and surrendered
the Office.
A portion of the Indebtedness OF the
Northern Central Railroad to the State has
been paid into the Treasury, aud have
caused such legal steps to be taken in the
premises as deemed necessary.
Reliable information received Mt this de-
partment in regard to Encouragement of the
interests of the Maryland and Delaware
Railroad Company. makes it my duty to re-
commend that you at once take such steps
as may he necessary to a thorough inves-
tigation of the affairs Of that company.
1t will be but an act Of justice to n verv
large. worthy and industrious class of our
citizons, if you adopt some stringent legisla-
ton in reference to the preservation of the
oyster beds in our waters. Since our ma
tional troubles commenced large numbers
of persons from other States have infringed
upon our rights and violated our laws ia
this regard, thereby rendering the lAbors oil
those of our citizens engaged in taking oys.
tiers almost valueless, and greatly damaging
the oyster beds. Experience has shown tina
our laws arc not efficient for the protection
Of this important and valuable interest; ant
I trust that you will be able to devise som'
remedy. I have heretofore suggested tn
rrnpriety of issuing licenses to catch oys
tiers; the fund to accrue from the sale Of sucl
licenses to be applied to building and keep
ing in service small steam vessels. who's
solo duty shall he to guard against viola
tons Of the laws in this respect. still
think the plan good one, and believe tina
it will entail no expense upon tho State
l transmit herewith an interesting repnr
frem the Rev. Ethan Allen in reference t
the records of the Executive Department.
Aso,a letter from John H. Alexander, Esq
in relation to an index to the first volume q
a Calendar of our Domestic State Papers
prepared by him in accordance with an &C
Of the General Assembly. These matter
possess great interest, and trust that yo
will consider it proper to take some actio
in regard to them.
The sherffs of Washington, Frederick an
Allegany counties have claims against tn