Democratic messenger. [volume] (Snow Hill, Md.) 1869-1973, 1896-01-25
THE ELECTION CASES.
Counsel for the Democrats draw
First Blood.
y BAD MOVE.
The Republicans Refuse to Al
low Democrats IL Copy
of Notice. The
Court Says,
Yes

ICES.
\ great deal of interest was manifest
ed by the people of this town on Tues
day over petition offered in Court
bv counsel for w. +. johnson, and
other recently elected Democratic
officials, asking for writ of manda-
mus to cause the Republicans to allow
him to read and make copy of the
notice of contest recently served.
Mr.. \. i. Barnes. attorney for the
Republican candidates for clerk and
Legislature. who claim to have been
elected on the 9TH Of November, pre-.
scented some time since to the success.
full Democratic candidates notice of
contest, as is required by law. The
contestees were allowed to read such
notice, and the papers were then
taken in charge by Mr.. Barnes.
The Democratic candidates whose
election is to be contested employed as
their attorney George w. Purnell,
who ut once demanded Of the magis-
trate who is now taking testimony in
the case an examination OF the papers
giving notices of contest. The papers
were found TO be in possession OF Mr.
Barnes, who refused to deliver them
for the inspection of the attorney of
the contestees or TO allow same to be
examined in his office Thereupon,
the attorney for the contestees applied
to the court for a mandamus to com.
pei the Magistrate to deliver up the
papers.
Mr. Barnes claimed that the Circuit
Court had no jurisdiction in the mat
ter. Judge Holland, however, grant.
ed the mandamus and the papers were
secured.
Mr.. Purnell was quite vigorous in
his remarks as to the attitude Of coun-
sci for the contestees He said he
knew himself to be an honest man and
he had never before since he had been
practicing at this bar been denied ac-
cess to the papers in a case and there
must now he some fraud going on or
the papers which should he in the
custody OF a magistrate and accessible
to both sides would not thus be with
held. The people who heard the case
thought the same. When Mr. Pur-
nell closed his argument Judge Hol-
land delivered the following opinion !:
"The sole question before the Court
is whether the Court has jurisdiction
over the mandamus. The Legislature
has entire and absolute control over
the Election. nor has the Court any
jurisdiction to prescribe rules for the
proceedings of the Magistrate, he must
proceed under the provisions of the
Act. But it certainly cannot be denied
that this Court has jurisdiction over
any public officer OF inferior courts
and in compelling them to perform
any duty imposed upon them by the
law Of the land. Suppose this CON
testant went before him and he refused
To issue this notice. this Court would
have jurisdiction to make him do
il. Suppose when taking testimony
he refused to summons and swear the
witnesses, this Court would have pow.
err to make him do il. Or he decided
to take this testimony orally when the
law commands taking it in writing,
this Court would have power to com
pei him to proceed according 10 law.
Now the Magistrate is the only
proper custodian Of these papers.
Nobody in the world has any right to
the custody of them except the Magis-
trate himself. The law implies that.
because after he has taken testimony
he shall seal up the papers and trans
nit them to the Legislature. A GER
titled copy, or authorized copy, should
have been left with the party on whom
it was served, but from the time the
notice was served the papers should
he in the custody Of the Magistrate.
and nobody in the world has right
to the possession Of that paper, or any
other paper in the case during that
interval therefore the paper ought
to he in the Magistrates custody, and
being in his custody, every party in
terested has right, not to take it out
of his possession. hut has right to see
it, and when they make demand
upon him and he refuses, the Court
can make HIM produce it. The very
purpose of the Legislature in making
the notice so strict and definite is tu
give the defendant chance to make
his defense. and he has ten days to do
that in, after receiving notice he has
ten days to investigate the matter
alleged against him.
Being fully satisfied this Court ha.
jurisdiction to compel the production
Of these papers and allow this party
to read them and 10 take copy 81
them while they are in the possession
o; the Magistrate, shall issue an
order for the writ of mandamus
On Wednesday morning Justice
Charles f. Parker, before whom testi
mony was. and is to he taken in the
contested election cases against III,
members of the present Legislature
from this county, the Orphans Court
and Francis Henry Purnell. Clerk 81
the Circuit Court, went to Berlin and
opened the cases Counsel for con
testant>, also counsel for those Repub
lican candidates, who were defeated al
the recent election by the above off
cials, were on hand at the proper time
and place Soon the people of Berlin
awakened TO the fact that the election
cases were to be tried, and everybod,
was anxious to hear upon what ground
such malorities as were received, could
be defeated. The place selected tol
holding the trial was the front sitting
room AT Savage's Hotel The case
against Francis Henry Purnell wa,
first taken up and Mr.. Purnell was pu,
upon the witness stand 10 prove servic,
OF notice, which the conieStee. alleged
had been served on Mr. Purnell Mr.
Purnell never having read the notice
declined To admit its service. lie testi
fled that some paper had been servnc
on him, but he did not read il, AMI "A: