The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1875-11-27
CRIME AND COAL OIL
The Attorney Generalship.

The argument before the Governor in the
case of the contested election for Attorney
General took place on Wednesday, in the
Executive chamber at Annapolis, and con
sumed nearly the whole day. Written or
printed arguments were submitted by both
Mr.. Gwinn and Mr.. Wallis, and the former
gentleman was also present in person as
well as represented by Col. Charles Mar
shall as counsel, while Mr.. Hagner, of
Annapolis, appeared for Mr.. Wallis, who
was absent. The statements filed by the
contestants, briefly stated, are: The argu-
ment of MIR. Gwinn is that the power vested
in the Governor by article ), section of
the Constitution which requires all cleo
lions for Attorney General to be certified
and returns made thereof to the Governor,
"whose duty it shall be to decide on the
election and qualification of the person
returned" extends merely to an examina-
ton of the returns, and to decision of
the question as it appears on the face of
the returns. Mr.. Gwinn further objects
that until the returns have been counted
and the result announced, there can be no
contest, and that neither he nor Mr.. Wallis
have any voice or right to be heard in the
matter. If the returns have been counted
and are in due form, and no objection
appearing upon the face of them, Mr.
Gwinn insists that no contest can be made,
and that he is entitled to be commissioned
without delay or controversy. The func-
tions of the Governor in passing upon the
returns are ministerial rather than judicial,
or if judicial, are imperative for the want
of proper constitutional of legislative pro-
vision to enable the Governor to hear and
decide the contest in the only proper way
in which such a controversy should be con
Quoted, viz: upon the testimony of wit
nesses duly summoned and examined under
the sanction of an oath administered by
competent authority. No such authority
is expressly given to the Governor or is
Inherent in him, as in the case of the Leg
islature and the courts, and he is, there
fore. without the means of proceeding
judicially-the constitutional provision in
this respect not being self executing. Mr.
Gwinn therefore protests against the Gov
ernor entertaining jurisdiction of the notice
of contest filed by Mr.. Wallis.
MIR. Wallis, in reply, vindicates himself
from the charge of delay in making the
contest upon the ground that until the off
cial returns made known he could not
known whether he had any right to con-
test the matter. The constitutional provi-
sion, he insists, not only confers power
but imposes a duty, and by every sound
principle of constitutional construction car
ries with it by implication the grant of the
means necessary for the exercise of the
power. He refers to the language of the
constitution empowering the House of Del
egates and Courts to "judge" in other
contested elections, and claims it to be
identical with that referring to the Attor-
ney Generalship. He holds that it is
Judicial and not a ministerial power-it is
power to Ego behind the returns, purge
the ballot box and recount the votes" as
stated by the Court of Appeals in the
Prince Georges clerk of the court con
tested case of Brooks VS.. Widdecombe,
which was hence decided by the House of
Delegates. Having the power and being
charged with the duty to "decide," the
Governor must be presumed to have the
power to hear the parties, their counsel
and witnesses. Mr. Wallis further states
that as to the character Of the testimony
he proposes to offer, it is of the same gen
eral description as that relied upon by the
House of Delegates and it's committee of
election in 1860, in declaring invalid the
election in Baltimore city in 1859, and
throwing out the vote of the city in the
count for Comptroller.
The oral addresses on both sides elabor-
ate the above arguments and MIR. Marshall
claims for Mr.. Gwinn that he would court
investigation, but the Governor is not pro-
yided with the necessary legal machinery
for such scrutiny.
Governor Groome displayed every dispo-
sition to make himself fully acquainted |
with all the points bearing on the case, and |
it seemed evident that he means to give
them thoughtful consideration His deci- /
sion is reserved, and may not be forthcom-
ing for several days.