The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1882-01-21
DR. NLANp'H In ELlIIo LILY

DR. kONLAN it4ELlIIro. Lily.
In their partisan zeal to retain IL.
i ,rIty i'll the Legislature of Mary land,
the Democratic managers at Annapnh
have. it seems to us placed DIR. W N. Il.
! Rowland. of this county. III Il somewhat
vkward and embarrassing position. BY
! the Constitution of this State. which
I provides that. " No . person hold
me any civil or military Office under til,
United States shall be eligible rs SEM
/ the day of the election. indisputahiy i'll
! eligible to Il seat in the Legislature, he
holding Il commission, under the nlte'
| States. as postmaster at Rowlandsvillc.
| Being gentleman who would not. undeI
any circumstances. allow his political
opinions to influence him in 4 course thai
his conscience did not fully approve. he.
! upon the assembling Of the Legislature.
when he heard the diSqualilying clause.
above cited. read in the oath administer
ed to members, adiudged himself dis
! qualified. and left Annapolis withou,
| being sworn in as IA Delegate.
! Since then, he has, upon the advice o.
some of his party associates. with Il view
to remove this disqualification, resigned
! his commission as postmaster, and taken
| his seat in the Legislature as a Delegate.
| But, unfortunately for the managers.
who have more political interest in the
matter than Dr. Rowland has himself,
! they were compelled. in order to secure
seat for him, to fly directly in the face OF
Il decision of the Court of Appeals OF
! Mary land that clearly and unmiStakabl,
! lays down the principle. that if the legal
! eligibility does not exist at the time of
| election. it cannot be restored by any
subsequent act, looking to its restora-
! ton.
In other words, if DR.. Rowland was
| ineligible on the day of the election. he
cannot be made so by the subsequent act
of reSiguiny the postmastership. The
decision upon this principle 9th Harris
4 MclIcnr>) was rendered by Judge
Chase upon state of facts prccisel!
similar to that in DR.. Rowlaud's case
and we believe has never been reversed
| in Mary land
The old Constitution of the State re-
quired that no person shall be eligible.
! to the office OF Sheriff who should
not have real and personal property
in the State above the value of l 600
pounds current money. IIatcheson, the
plaintiff WIS candidate for the sheriff
atty. but only acquired the amount of
property required by the Constitution on
the third dav of the election-the election
then continuing three days. lie did not pos
sess the constitutional (pr"p"rtv) quail
ticati"n to make him eligible t. the office
| prsri0us to. ami ut tic time he ,cas coted
for and this the Court held, rendered
him Ineligible.
"All votes" says the Court, given
for 4 candidate not having such qualili-
cations Constitutional oneS) are to be
thrown away and rejected as having no
force or operation in law The plaintiff
can only be entitled to such votes as
were given after lie recovered the neces-
sarv qualifications. all votes in his favor
previous being illegal and void
Applied to the case of DR.. Rowland.
this decision means just this: That all
votes cast for him. previous to the time
he received the necessary qualification
resignation of the postmastership.- were
illegal aud void. In fact no votes were
cast for him after he had become quail
fled by his act of resignation. The case
stands precisely in law, as though but
two Delegates had been voted for on the
Democratic ticket, the third place being
vacant by reason of constitutional dis
qualification, every vote thrown fora dis
qualified candidate being void and lille
legal ballot. There being but two cam
didates an the Democratic ticket, who,
being consttutionally eligible to seats in
the House of Delegates. received the
highest number of ballots therefore the
next highest constitutionally qualified
candidate was elected That is. the can
didate who. at the time of his election
being legally eligible. received the next
highest vote for the House of Delegates.
This gentleman was Mr.. Jethro T.
Mccullough. We do not believe. from
our knowledge of the character of Dir.
Rowland. that he would retain a seat in
the Legislature or elsewhere that legally
! belonged to another man, and when he
comes to understand fully the character
of the title To the seat that he has allow
ed himself To be persuaded into accept
ing. he will yaca,e it. in favor of the gen
tleman TO whom by law and right it be-