The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1876-01-29
Tho aubefuatonal Controversy,


Ne haze borne no part, 50 far, il the
discussion which has arisen out Of the
course pursued IN the Legislature in ref
ercncc to opening and counting the returns
of the election for Governor in the pres
cnee Of both Houses, and the induction Of
that funetionary into Office. We see able
lawyers on both sides Of the question, aud, |
as in the case Of the doctors, who shall
decide when the lawyers disagreed We
have some notions Of our own, on the sub
iect. and have tried to come to a fair and
impartial conclusion. The different opin-
ions entertained, probably arise from de-
feet in our organic law, which seems not
to cover the entire case. Our State Con-
stitution is piece of 8 unchiseled worn"
we know, and may be defective in several
Of its parts, but it seems tolerably explicit
ON some points, at least The latter part
of section 2, article ?, provides that +" the
returns Of the election, under seal, shall
! be addressed to the Speaker of the House
Of Delegates, and enclosed and transmitted
to the Secretary Of State, and delivered to
said Speaker at the commencement of the
session Of the General Assembly next en-
suing said election Section 3 of the
same article provides that "the Speaker
of the House of Delegates shall then open
the said returns, in the presence of both
Houses; and the person having the high
est number Of votes, aud being constitution
ally eligible, shall be the Governor, and
shall qualify, in the manner herein pre-
scribed, on the second Wednesday of Jan
uary next ensuing his election, or as soon
thereafter as may be practicable twill
be observed that the language of the Con-
stitution is mandatory--the Speaker shall
open the returns in the presence Of both
Houses, aud the person having the highest
number Of votes and being constitutionally
eligible, shall be the Governor. The
course prescribed by the Constitution was
precisely that which the Legislature pur-
sued, and we cannot see how it could have
pursued any other, with due regard for
chat instrument If the Constitution con-
fers no power upon the Legislature to 90
back Of the returns, at that stage of the
proceedings, it is not within the province
of that body to exercise powers not express
ed in that instrument. Doubtful or i'm
piled powers may only be exercised when
the Constitution is silent or not in direct
conflict with them. Gentlemen who took
issue with the majority as to the course
pursued, contended that there was no pow.
or, except that Of death or impeachment,
which could reach the Governor after be-
ing inaugurated. A contrary opinion
seems to be held by the other side, based
upon section of article 2, which says
" An questions in relation to the eligibility
of Governor, and to the returns of said
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