Evening capital. (Annapolis, Md.) 1884-1910, 1896-01-03
STATES ATTORNEY BRASHEARS.
JUDGE JAS. REvELL's OPINION
The Petition OF Edward &, Gantt Dismiss
ed by the Court-Mr. Jarues X. Brash-
ears Qualities aud Enters Upon the Dn-
ties Of His once.

ed by the Court-Mr. Jaues II. Brash-
ears Qualities aud Enters Upon the Dn-
ties Of His once.
We briefly mentioned in the CAPITAL
last evening that Mr.. Jas. r Brashears
qualified yesterday before Judge Reveli
OF the Circuit Conrt, aid flied his bond
in the sum of $4,000, which was approx
ed by the Court, and will at once enter
upon his duties as States Attorney.
Edward c. CAN'T, the present states
attorney, had filed 4 petition asking 10 he
made party in the contested election
case and To be allowed TO intervene. He
protested against the oath OF Office being
administered to Mr.. Brashears. After
Argument by counsel Judge Revell filed
the order Of the court on the petition as
follows:
"The foregoing petition having been
fully argued by the counsel for the con-
testant, the counsel for c0ntestee, and
by Mr.. Edward &. CAN'T, the petition
er asking TO intervene IN the case, and
having considered the same, lam of the
opinion that the petition should be
dismissed, and in passing such order |
do not mean to indicate or express, in
the slightest degree, any opinion as to
the merits of the controversy now peud-
ing between Mr.. Claude, contestant. and
MIR. Brashears, contestee for the office of
State attorney of Anne Arundel cOun-
ty. 1t is therefore ordered, this second
day of January, 1896. that the said peti :
tion of Edward @. CAN'T, States attor.
ney OF this county, filed on the first day
of January, 1896, be and the same Is here
by dismissed, with costs, without any
wise prejudicing the rights of either of
the parties be the contested election case
now pending between the said Claude
and the said Brashears.
Mr. CAN'T, the incumbent, had Objec-
ted To the swearing in OF MIR. Brashears
until the contest between Claude and
Brashears had been settled. Mr.. CAN'T
was appointed May goth, 1892, 10y the
Judge Miller to fill the vacancy occas-
ioned 10y the death of John Ireland.
In deciding the case Judge Revell said
in part: "WithOut meaning TO intimate
in the slightest degree as to the merits
of the contest now pending between the
contestant and contestee To determine
how far section 10 of article 20 of the
code aud the 7th section of the first
article of the constitution would apply
should the cOntestee fail TO bond and
qualify Ibefore the expiration of thirty
days from notice of his election, | feel
it lncumben upon me, after full con-
sideration az | have been able TO give to
the matter, to deny the prayers contain
ed in Mr.. CAN'T IS petition.
Judge Reyel referred TO the decision
Of the Court of Appeals in GrOome VS..
Ciwynn, 43 Md, $50, in which it was
held that "The person who has been
duly and regularly returned as elected
and is qualified under the constitution
has prima- facie title to the Office which
cannot lie defeated except upon legal
evidence. . 81 think, therefore" the
Judge continued, "that James h. Bra
shears, by virtue of the constitution OF
Maryland and of the jndges certificate
of the 9th of December, 1895, is entitled
To be sworn in as States attorney OF
Ahne Arundel county, upon the approx.
ii Of his official bond. Judge Revell
considered the petition, which was filed
as requiring prompt action and
act ed accordingly.