Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1874-03-26

dietion TO 20 behind the elssfsou fsesrs
to examine into she quali6cation of th'
voters-purge the balios-box md recous
the votes-subjects over which ths Court
have no Jurisdiction sa,'
II the House Of Delegates. which shal
Judge Of the election and Qualifications o
the candidates Il such election, has th.
po~er. under the twelfth section OF Arti.
Gle four Of the C0ustitution. ssto inquire
into the qualification of vofcrs-purge the
bailot-box Of fraud and recount the votes
upon the part Of the eonsestant It va,
insisted that. should the Committee end
that Henry Brooke uas elected on the
fosrth Of Nevcmber. eighteen huadred
aud seventy three. BY majority Of the
legal and qualified voters Of the county,
it 10 the duty Of the House of Delegates
mot only 70 desermins thss Widdieonbs
was not elected. and render 'judgment'
against him. but to 60 further. and wish
out ordering new election, to declare
Brooke duly elected and entitled TO the
Office.
By the Constitutions Of 1851 and 1864.
it was contended that. "in case of any
contested election, the Governor shall send
the returns to the House Of Delegates,
which shall! judge ofthe election and quail
i6cstion of the candidates at such election.
Acting under this broad grant Of pow
er. the House Of Delegates. in the contes-
ted election cases Of Gambrill vs. Hair
wood, Spence W. Franklin. and in other
eases to which it 10 unnecessary to refer
in detail. where the chief ground Of con.
test Was on account Of disqualification Of
the candidates returned elected. after ind-
ing that the party elected was disqualified
declared the contestant elected and enti.
tied to the Office. although in fact be had
received minority Of the votes cast At the
election. upon . strained presumption Of
law. that the candidate being disqualified,
the voters were presumed to know it. aud
hence all votes cast for the disqualified
candidate were thrown away, and only
those votes were counted which were cast
in favor of the Candidates who were quail
fled The effect Of this construction of
the law was practically to legislatc can
didate into office, when in fact he was the
choice Of only minority o: the legal vo-
tcrs.
To remedy this evil. when the present
Constitution was adopted. the follow:n-
clause was added TO the section in refer.
cuce to contested elections before the
House Of Delegates. viz: "Aud if the
judgment shall be against the ono who
has been returned elected. or the one who
has beer commissioned by the Governor.
the House of Delegates shall order new
election within thirty days." While the
power to judge of the election and queli-
ication of the candidates would seem to
include the power to declare the coutes-
tapts elected. if the House Of Delegates
should SO 6ud. as we'll as the one who has
been returned elected. or the one who has
been commissioned by the Governor, and
although it would seem that the decision
of the House of Delegates that the con-
testan. is elected would logically entitle
him to the Office; yet your Committee
have come 20 the conclusion that it is the
better and more judicious construction to
give to this clause Of the Constitution.
that in all cases where the Judgment shall
be against "the one who has been re-
turned elected. or who has been coumis-
stoned by the Governor" new election
should be ordered.
1t is true, as was insisted on behalf OF
the contestant. that force and effect would
be given to this clause of the Constitution n,
by applying it only to eases Of disquali6-
cation of the party elected, and to cases
where facts do not show that the contest
ant has not received an actual majority Of
the votes cast by the legal and qualified
voters. and i. seems imposing double bur-
den and hardship upon tue contestant If
he has. upon purging the ballot box. re-
jeciiug the disqualified voters. and re-
counting the votes. in fact received ma
jority Of the votes Of the legal and quail.
fed voters to require him to undergo a Sc
cond contest before the people. in order
to secure the office But the evil sought
to be remedied BY this clause Of the Cousti-
tuition was to prevent legislating parties. not
returned elected, into office, under the in
auence Of partizan or other considerations
II your Committee conceded that in . case
in which the House Of Delegates came to
the conclusion that the contestant was
elected. he could be declared elected and
placed in Office without ordering . new
election. various pretexts and reasons
might, in the heat Of partisan contests.
be found BY which tho party in the as
tendency could reach this result, and thus
avoid new election.
Thus the evil sou ght to be remedied Of
lcgislating parties into office would NOT be
,tfse,ually checks ID. Your Committee.
looking to past preceden's. and with n
view to place such construction upon the
Constitution rs will most surely carry out
the objects of the trainers of the ius,ru-
ment, have reached the conclusion, tha,
il their judgmen, is against Robert s.
WiddicOmbe, who has been returned elcc
ted. the House of Delegates must order a
new election.
The evidence taken in this case 10 very
volumiuous. and much Of it, as conceded
By the counsel Of the respective parties,
iu their arguments before the Committee
has no great bearing upon the judgmen,
to be rendered by the House Of Deles sa,e..
II the House was not required to order .
neu election in case the judgment shall
be against the candidate returned elected
but was called upon 10 ascertain the exact
state OF the vote. and make out new re.
turns upon which to cutitle the contestant
to the Office, it would be necessary 10 re.
fer in more detail to the testimony thar
Jour Committee nov deem il requisite.
The returns. as made 10 the Governor