Saint Mary's beacon. [volume] (Leonard Town, Md.) 1867-1983, 1882-05-25

MessFs. Albert Richie, Joseph A. Wilson
and Quincy Hall, attorneys Cor Alexandrr
S0mervell, filed In the City Court their an
awer 70 the petition % Dr. Andrew jackson
smoot in the eontest Tor the inspes torship Of
No. tobacco warehouse. The DESCENDANT.
S0merveli. In his answer siases that he was
appoinied By the Governor and confirmed by
the Senate in 1880 session a. inspector u No.
warehouse; that be qualified, and altar some
litigation Tease 81 TiIton " Somervelll en-
tered On discharge o. his duties. lie denies
that The term f0F which he was appointed was
limited 70 the end Of two years from the frat
Monday IN March, 1850, but wns for thai time
and thereafter until his successor should quail
~ according 60 law. The answer sets forth
the reflections Of Or Geo. II. Jones for Soner-
Wells place. and the subsequent nomination Of
Smoot, without taking action on whom The
Senate adjourned, and the appointment Of
Smoot after the Legislature adjourned. The
defendant denies that the petitioner Is duly
qualified according - Law, and claim that the
commission Is null and void Thea swer fur
Their claims that the Office ofinspectoF fsohse-
CO can under the laws of the State only Be filed
By the eoncuFEens action Of the Governor and
the Senate, unless In case Of vacancy ha pen
ing during the recrss Of the Senate or wfIhia
zen days before lie 6nal adjournment and that
except in case Of such vacancy the Governor
has no power u appointment during the re-
cess; that defendants term Of Office continues
until bis successor L dnly appointed By the
concurrent action Of tie Governor and the
Senate. The DEFENDANT further claims that if
ans Vncancy occurred Il occurred Ca she irst
Monday In March, 1854, and not within the
Ten days next beforp adjournment Of The Sem
ate. and that eFen ifit aid occur thea, She
Governor has no power 10 ST. itdnring the re-
cess OF The Senate and without its CONCUR
rencss that the elauss In section Is, article 2,
81 the constitution. ssand antii their Successors
respectively qualify according % law" was
inserted 20 prevent any Facaney on the ex.
pifnaion Of the two years, aud 0me fthe con-
tinReaeics intended 70 be provided for hy the
clanse was the one presented in the case on
hand; that ~ no time has the appointment
Of successor 70 tobacco inspectors been COM
plese until long after the 6rst Monday In
March, the prior occupants always holding
over, which shows that no varancy occurs by
reason az the expiration Of the two years;
thas the commission Of Smooi claims be was
appointed ''by and with The advice aud ,oa-
sent u the Senate" while the appointment
was not so advised or consented TO that If
such Vacancy existed the commission would
net be issued for two years, bui only until the
end Of the next session o the Legislature, or
until some other person should b. appointed
20 the same rfire. The defendant asks the
same benefit as if he had demurred 70 the pc
tition. Judge Gary passed a decree pro foriaa
diminishing the petitionfoE the mandamus aud
an appeal was 10 once takrn 90 the Court 0f
Appeals. Gen. israd'ey T Johnson, Of coun-
eel for Smoot, stated that they win appear be-
fore the Court Of AppeaIs aud ask that 40
sarIy date be srt for hearing Che esse, when
u win be fully argued. Theeounsel for Smoot
ere Johnson. Poe and Briscoe, aud FOR Somer-
veil, Albert Richie, Joseph A. Wilson ana
r. Quincy Hnli.