Maryland independent. [volume] (Port Tobacco, Md.) 1874-current, 1894-04-06
Braguuier's Case.

In the man0aWus case OF UON. plO"h
against D. ]. Bragunier the Court Of Appeals
Judge McSherry delivering the opinion has de-
cided il favor of Gov Brown, reversing the
decision of the Anne Arundal Circuit Court,
which had decided in favor Of Bragunier.
'From the provisions Of the code it is OBJ
vious says the court that the duty
of the judges of election who
assemble TO make up aid certify the re-
turns from all the election districts OF coun-
ty to the Governor is to cast up the whole
number of otes given in said districts accord
ing to certificates made out on inc aay OF cleo
ton by the judges and attested by the clerk
under section &C, and the statute eonfers upon
these return judges no power TO alter, TO
change or reverse in any way the results dis
closed by the certificates appended to the poll
books. There is no certificate by the re,nrn
Judges 10 this case that they had done what
the lew imperatiyely required them to do,
namely, to cast up the whole number OF votes
given in said districts according to the certih-
cate made out by the judges sDd attested by
the clerks on the day of election, II IS only
upon returns so made up and so certified that
the Governor can, under section SO, issue a
commission"
The oriniou also declares that the certificate
of the return Judges to the Governor Jailed to
show the aggregate vote with which bragun-
Ter was credited, was asCertained by the mode
and the only mode prescribed by the statute,
and was detective because It failed TO deter
NINE declare" and 'return Nhim elected
sin this state of the case, bis right TO the com
mission is far from clear, and the duty OF The
Governor to issue il is by no means IN une-
ouiyocal one This OF itself would be suifi
Gent to Justify the refusal Of the writ
The court also decides that The relator had
an adequate remedy at law uuder article 49,
section "a, Of the code, which provides tor
contested election cases The court decides
that the Governor has no rglt TO revoke
commission issued b, him exWpi where he is
authorized to remove the officer holdins 1t.
commission issued to Bia9unie3 would not,
consequently, dispiace Penn .9r dlsquall}
him from aclng as County CounEslenef. Tue
writ OF mandamus will never lbe issued 10
compel the doing Of nagatoH 4 useless act
--~ " -
Lecture nnd Dance ----p- s~w
Hon. George Cotton, be veil known Lee
tnrer, delivered in the town tili Of this place,
Thursday evening last, a lecture on the Old
World and the New !" The exceedingly in
clement evening prevented many persons from
attending, but still good audience was pres
ent who enjoyed the entertaining discourse
very much. He was introduced to the audi
euce by Mr.. S. Cox, Jr., in flew well timed
remarks. Mr.. Cotton preiaeed his lecture
with number Of witty anecdotes and sayings
which were heartily relsted by his audience,
and then for over an hour ctnrsed upon
his subject, illustrating his comparisons be-
tween the old world and the new with many
interesting actual observations OF his own.
Ae was listened to with marked attention by
his hearers, and by all Of them who knew
him personally warmly congratulated
upon the conclusion of his remarks. After
the lecture dance followed lasting until
about O'Clock Friday morning Professor
Briscoe, of Baltimore, rendered the music
The hall floor was in nice condition for dane
ing which with the good music made the bal
part of the program as great success as wa
the entertaining lecture Nr Cotton prom
sed that he would again in the near future
give the people of the county the benefit o
bis services il they wished them, SO we may
expect another such treat in short time =
These entertainments are alwfys pleasant
they bring our people in closer unison, form
ing new and warmer friendships and making
life enjoyable. They cannot be held too often