Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-09-14
ssNAroR ooDs0N,s s.EAr.
The Talbot County Democratic Nominee
Asks for IA alandamus.

Tho Talbot County Democratic Nominee
Asks for IA aiandamus.
Eastdn, Md, Sept. l0.-The Board
of Election Supervisors for Talbot
county yesterday, by rarty vote, re-
fused to place ON tho official ballot the
name Of j. Harry Covington, the Demo-
cratic nominee for State Senator. j.
Harry Radcliffe, the Democratic mem
Der OF the board, voted to place the
name on the ticket, but the two Repub-
lican supervisors, DIR. Lewis Buffet and
John L. Trax, voted against it. Last
Tuesday Mr.. Covington formally de-
manded that his name be placed on the
ticket. The supervisors answered that
unless otherwise ordered by court
having jurisdiction In the matter, they
would not do SO, as, in their opinion,
no vacancy exists in the Office of State
Senator from this county. Mr.. Coving-
ton at once, by his attorneys, x-At-
III. Adkins, petitioned the Circuit
Court to issue writ of mandamus
directing the supervisors to place his
name on the official ballot. After re.
citing his qualifications for the office
by reason OF age and residence in the
county and setting forth the facts OF
his nomination by the Democratic
County Convention, Mr.. Covington
claims that there is vacancy in the
office Of State Senator from this county
in view of the fact that about October
1st, 1898, Henry Clay Dodson finally
disposed of his business in Talbot
county and removed with his family
from the county, thus yacating his seat
as Senator under section 13 of article 8
of the Constitution Of Maryland. He
further states that about June 1st,
1898, Mr.. Dodson accepted a civil Office
under the government OF the United
States by becoming deputy collector
of internal revenue, which Office was
created by and exists under the revised
statutes of the United States and acts
of Congress, and having accepted said
Office, he entered upon the performance
of the duties thereof, and continues so
to do and to receive the salary of said
office, and by reason of these facts Mr..
Dodson vacated his seat as Senator,
and, therefore,a vacancy exists in such
office under section 10 of article 3 Of
the State Constitution. Mr.. Coving-
ton further contends that it is not
within the province of the election
supervisors to consider or pass upon
the question as to whether a vacancy
does or does not exist in any office for
which candidates are duly nominated
by political PARTIES according to law,
bnt that tho Senate of Maryland is tho
only tribunal competent to pass upon
the question as to whether vacancy
in the office of State Senator from Tai
bot county exists. Associate Judge
William r. Martin issued the writ Of
mandmus asked for and set September
18th as tho day for hearing the case.
Section 10, article 3, of the Consti-
tuition has the following: "If any per-
son shall, after his election as Senator
or Delegate. be appointed to any Office,
civil or military, under tho government
Of the United States, his acceptance
thereof shall vacato his seat. -
Section l3 of the Same article pro-
vidos for the election OF member of
the Legislature to fill vacancy caused
by removal from the county.