The aegis & intelligencer. [volume] (Bel Air, Md.) 1864-1923, 1875-12-24

From the Baltimore San, 22d.
The Attorney GeneralShiD Decision.

y
The Court of Appeals yesterday affirmed
the pro .tG1ma order taken in the Circuit
Court of Anne Arundel county, awarding to
Mr.. Gwinn the writ of manddmuS as prayed
for by him, requiring the Governor 10 COM
mission him as Attorney General The de-
cislon"endercd by the court, rcscrving full.
er statement of the grounds and reasons for
its judgment, TO be filed hereafter, briefly in
dicatcs the general grounds upon which the
court decided: First, that upon the facts
stated by the Governor, and the decision
thereon made by him, as stated in his an
swcr, Mr.. Gwinn is entitled to the commits
sion; and second, that under the constitution
and existing laws the Governor has no pow
er to enter upon an examination of the mat,
tiers alleged in his answer as a reason for
Withholding the commission, or to try and
decide the contest made by Mr. Wallis. 1t
will be remembered that after hearing argu-
mcnt upon both sides as to his powers under
article 5, section of the constitution, max
ing it the duty Of the Governor to decide
on the election and qualification Of the per-
son returned" as Attorney General, Governor
Groome decided that upon the basis of the
returns made to him, and according thereto,
Mr.. Gwinn received a majority of the votes
of the qualified voters of the State at the cleo
ton for Attorney General held on November
I'd, and further that at the time of said cleo
ton MI Gwinn was, and still is, duly quail
fled for said office Upon this state of facts
and the Governors decision thereon, as
above stated the court holds that Mr. Gwinn
is entitled to his commission.
The Governor further stated that under
| pla \ Of ha
above quoted, he had doubts whether lie had
power TO go outside of or behind the returns
to investigate the facts of the election. This
question he desired might be passed upon
judicially, and the Court of Appeals now de-
eide adversely to the Governors power in
the premises, holding that under the consti-
tuition and existing laws he has not the pow
or to enter upon an examination of the mat
tiers referred to in his answer, viz the alleg-
ed frauds, intimidation and violence" which
were asserted by Mr.. Wallis to have nvali-
dated the election in Baltimore city. In
short, the Court of Appeals decide that no
investigation can be entered into by the
Governor, and that Mr.. Gwinn being declar-
ed by the Governor elected according to the
returns and duly qualified, is entitled to be
| commissioned.
Accordingly, it is understood that the COM
| UllSSlOI vi MI. uNiIH WIS Ol 1 uCSuuV,
forwarded by the Governor, in conformity to
the judgment Of the court OF course this
decision has no application to any other con-
tests growing out of the November election
in this city.
Any issues raised by them may be invesli-
gated and decided by the House of Delegates
of Maryland in the contested election cases
referred by the constitution to that body
Col. Wilkins has already given notice of lis
intention to contest Col. Wooford's as
comptroller The reform candidates for the
Legislature in this city have given like no.
tice to their successful competitors. There
is no constitutional question to be raised in
these cases as TO the power of the House 10
act in the premises, and hence there is no
impeachment in the way of such inquiry as
may I've sought. In regard to the Attorney
Gencralship, in any future revision of the
State constitution, there apparently is an
omission tosbe supplied and defect TO be
remedied