The Baltimore County union., 1881-11-05
TRousLn N raE pEMocRArIc oAMp.
The Ninth District Democratic Executive
Committee Muddle.

4
Committee Muddle.
On the Issuing Of Mr.. Ilrady's call Tor an cicc
tion of members Of the Executive Committee of
the Deno"raiis party Ia GU ths places of the mem
beTs from the 9Ih district Nh" were TUNED cut h.
cause oi alleged fraud. in the late Democratic
primaries, "ne sf the Judges called upon Major
John ]. .Yellott Tor opinion. A. 10 the duties Of
the Judgesto count the votes. lie gave the FOL.
lowing opinion. which seeinei 10 raise quite n stir
last Tuesday amongst those who had heard Of IL,
and Il was reported that the call would be with
drawn. Il Is generally supposed by knowing
Democrats that Mr.. Brady's course was suggested
by the Clerk Of the Court. At least Mr.. Isaac has
been very warm In his defense Of Il, though tho
idea may have originated with Mr.. Brady. II
bids fair TO raise n rampus In the party:
Towsoxrowx, Nh, October 3lst, 1881.
My Dsar irs--in answer 70 your request for
an opinion as 10 your duties as Judge Of Elee.
tion In reference 70 the call o. the chairman Of the
Democratic Executive Committee OF Baltimore
county, which rsqae.is the Judges Of Election ap-
pointed by the County Commissioners 20 receive
and count the ballots cast for members Of the Ex.
eeutive Committee for the 9th district but reqaires
them 20 count none but "fnl and unscratchcd
Democratic Tickets" would say:
Committee is n new one, involving most danger
Gus principles, impoltie and calculated 10 do the
party great harm, but presents few though nice
questions Of law. AZ all primary meetings the
Executive Committee Of tho party 10 clothed with
the right 10 prescribe the qualifications Of Demo.
cratic voters who shall participate In such prima
ries. AZ such primaries our Executive Committee
men have always been elected. These quaiihca.
iions were prescribed by our Committee at the late
primaries, TO wit that voters should be registered
Iii Na..Na. nklss
the Democratic candidate for the Presdeney.--
With these required qualifications they were en-.
titled o. the privilege Of voting for the members
of an Executive Committee. Now, the chairman
of that COMMITTEES. under an authority to I'LL an
alleged vacancy in the Committee, assumes TO him
self the right, without the shadow Of power so far
the public are advised. to prescribe new and
u different qualification for the Democratic voter
who desires to participate in the selection Of the
executive officers who shall have charge of the
affairs of the party for the next two years, 10 wit
that he shall vote an unscratched ticket. This IL
clearly u usurpation Of authority. and you as
officer Of the State are called upon 10 aid in
carrying the project into effect. This one view of
the matter, without regard to the legal aspects of
the case. ought 10 deter Judge Of Election hav-
ing an ordinary amount Of modrs;y FROM pariici.
pating In this neu and dangerous innovation upon
party custom aud usage.
The call for the election Of thcse political officers
officers not recognized nj all by any law % the
Siaic-in connection with the election Ia be held
next Tuesday To Gil fourteen Offices recognized aud
required by law 10 be filled. raises "a very delicate,
u new and important legal question. Our clec.
tions are held under numerous Acts of Assembly
which constitute the election laws of the State
in force Three Judges Tor each election &c.
quiEcd to be "HHHaity pointed To hold oise until
their successors are appointed. Heavy penalties
attached 20 the Office in the Tst place Tor re-
fusai TO act unc,s excused by sickness or other
sufficient cause. and In the next place for any vo-
latiOn Of the laws governing elections. Before
taking ballet the Judges repaired to take an
oath that they will bc governed by the law and
they will perform the duties of the Office without
favor or pariialiiy. The law requires these duties
to he performed by three Judges if the three quail
iiy, and the most important duty Is TO receive
every ballot offered by legal voter for the sole
purpose Of counting IL. No vote can therefore be
received By you except in your Official capacity as
Judge. and every vote so received must be counted
by you, whether IL be on n full unscraiched
ticket or on . scratched and mutilated ticket
You cannot receive aud treat part OF the ticket
n sworn Official and another part as an Individual
Democrat 10 be counted or not counted ne the
chairman of party committee may direct.
The Act Of 1909 expressly says tha, on the close
Of your poll 'the box shall be opened by e Judge.
aud said Judges mot one Judge) shall publicly.
Ia the presence of such persons choose To- at
tend. read aloud the name or names written or
printed on the ballots, and u upon opening such
any more names than oaght to be. such ballot mot
such r,fsl shall be rejected and not counted" On
the sth Of November general and legal election
will be held. so far county IL concerned. to
hll fourteen Offices, via: the Offices Of Comptroller
six Delegates 10 Legislature, Sheriff, Treasurer,
Register Of Wills. three County Commissioners.
and Surveyor, and to GIL other Offices. Elcc-
tion laws generally construed strictly, and IL
is therefore clearly TO be that according the
plain letter Of the Law you a. n Judge will be re-
quircd 10 throw out and not count for any candi.
date any ballot which has written printed there
on other or more names than those Of candidates
for the above Offices. In your capacity ne Judge
Is your duty TO act according Ia the letter Of the
Law. u Il be plain and possible for you 60 do so
and not give to Il possible judicial con Instruction
am not prepared to say that counting ballots
In your district upon which may be written or
printed the names of candidates for the Executive
Committee would vitiate the election in the dis
trict would take the responsibility Of 50 lie.
eiaring With the view 10 influencing your official
action. but I do say that voting such ballots will
furnish the opposing candidates with plausible
grounds Tor contest u the election be close. Mr..
Brady's action in requiring this election to be held
he does IL for this reason. independent of Others
impolitic ahd uhwise, and would advise you and
your associate Judges TO pay no attention to the
call or rather the request. l think II probable
that II would be wiser and better for you 10 count
the ballots east with the names Of committee men
written or printed thereon. emitting from the
count such names. That would be u conservative
course, if there can be such course in this mat
ter. fraught with less danger and lcss risk than
that of counting all the names. including commit
tee men. ] am clearly Of opinion that you have
no legal right to count these latter names, and
leave for the courts 10 decide should the question
arise. whether countin: any names such ballots
would be legal havethe effect TO vitate the elec.
tion. Very truly yours, JoHS I. YELLorr.
ess- Isn't il a rather signiscant fact that the
Baltimore A@srieaa 10 doing nothing TO help on
the cause Of Mr.. Thomas Gorsuch. Republican
nOminee for comptrOlleri This being the fact !,
10 not at all surprising that John Ensor prints his
straight Republican ticket In q Democratic news
paper In Towsontown with the name Of Mr.. Cor
such len Oh. Ensor aud the Assrieaa are In the
ss,ns boat. Honest Republicans, what 10 you
think Of the Ticket Tinker,
Eo-T The ticket In our columns to-day Is tho
oaiy Republican ticket In the hsld In Baltimore
county. Vote Il solid next Tuesday.