Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1876-04-06

The CONTESTED SxsAToEsHrP FROM
ST.. Below viii be found re-
port Of the Senate Election Committee
on the contested Senatorial election IS
sue from this county. IL win be seen
that the Committee bases it's action upon
the solitary fact that the Return Judge
of the second election district "permit-
ted the box containing the ballots to
pass into the custody Of another person
before delivering it to the Clerk of the
Circuit Court" and though il admits
that this did not ''invalidate the vote of
the election district" still it seems It
sras allowed to invalidate the subse-
quent coun., and it il certain the con-
testant, DR.. Lynch, was not permitted
TO prove even the negative proposition,
that the ballots had not been tempered
or interferred with while out of the pos
session of this Return Judge. But
whether this SOLITARY fact" should or
should not be Of pregnant effect in de-
! termining issues of this kind, it isquite
clear that the Committee ought to have
found this out long before it did. II
held the matter under Amusement for
nearly three months, thus necessarily
subjecting the contestant to great worry
and expense in attending the sessions Of
the Committee, and for this unwarran-
ted delay, no reason is given whatever
It is true, other contestants were SUBJ
jected to similar delay, but this, instead
of relieving the Committee, ought to
deepen its condemnation, as it had am
pie time TO do the first month what it
did in the very last days of the session.
If the "safe rule and precedent" finally
established by the Committee mean
anything they mean this, that the Re-
turn judge shall eat and sleep with the
ballot-box in his pocket from the close
of the election until he makes his re-
turn to the Clerk, and that whenever it
is shown that he did not SO eat and
sleep, the original returns shall be final,
though it can be established that grave
errors exist in them and that the
ballot-box was neither touched nor tam
pered with whilst out of said Judges
possession. The following is the text
Of the Committees report:
In the matter of the contested cleo
ton Of the Senator from St. Mary's
county, your Committee reports:
That the votes in the 2nd Election
District in said county, when counted
at the close of the poll, gave, taken in
connection with the votes from other
districts of said county, majority to
Mr.. Lawrence, who has been admitted
to the seat.
The Return Judge in said district,
thong htlessly permitted the box con-
tanning the ballots, to ass into TIE Gus
tody of another person lefore deliver
! ing it to the Clerk of the Circuit Court.
Upon u subsequent recount of the
ballots i'll the box, a different result APP
peared from that indicated by the coun,
made hy the Judges of election ut the
close Of the poll.
1t was the duty of the Return Judge
to keep the box containing the ballots
in his personal custody until it was re.
turned to tie Clerk of the Cireui, Cour,
for st. Mary's county. He omitted to
perform this duty, and although your
Committee is vi the opinion that
count of the. ballots, after the box con-
tainlng them has Teen placed in the
custody of a person not authorized to
| have charge of 1T, does not necessarily
| invalidate the vote Of the election dis
trict, Gushing on Legislative Assem-
/ bly,. Sec. 203,) yet if such count diff.
| fers from prior count made while the
box remained i'll the continuous custo.
dy of the proper officers. it is the safer
rule to adhere to the count first made.
For this reason desiring to establish
a safe rule and precedent in such cases,
your Committee is of the opinion that
the Senator from St. Mary's county
| ought TO retain his seat.
We, therefore, submit the following
| resolution
Resolved, That Asa A. Lawrence is
entitled TO a seat III this Senate as the
Senator from St. Mary's county.