The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1902-12-26
The Election Law.

cision of the Court of Appeals in the
Cumberland Mayoralty case said to the
'Sun correspondent
"A further investigation of the precise
points decided by the Court of Appeals
in the recent election contest case of
Coulehan vs. White, in which the Mayor
alty of the city of Cumberland was at
stake, shows that the court has seriously
modified its former decision in the case of
Duvall vs. Miller in several important
particulars. In the Coulehan case the
various markings of the battots were
classified and arranged in 81 classes. The
description of class 4 was as follows:
Where one or more of the cross marks
extend beyond the line of the square an
infinitesimal distance, visible in an ordi-
nary light, but scarcely measurable The
description of class was as follows:
Where the cross mark extends beyond
the line of the square greater distance
than the greatest distance described in
class A.
"Out of 5000 ballots cast at the Cum
berland election AT, or nearly one-sixth
of the whole vote, were marked as in
class and 472 ballots as in class 4.
Gin their argument for Mr.. White, the
Republican, in the Court of Appeals
Messrs. Daub and Richmond contended
that class should be counted, notwith
standing the decision of the court in Du-
vail vs. Miller, on the ground that line
that was only IAN infinitesimal distance
was not out at all, but was in, for all
practicable, sensible purposes. In clos
| ing his argument on this point Mr.. Rich
mond said: Under the ruling OF this
court in Duvall VS.. Miller class must 60
out. If this decision must stand, AT
| votes, or nearly one-sxth of the whole
vote of Cumberland, must be thrown out
under class s. Surely one-sixth of the
whole honest, fair vote of city of white
intelligent inhabitants is enough to immo-
late to the juggernaut of ''stare decisis"
without adding thereto the other sixth of
class 4 under the 'infinitesimar' argu-
ments of our lear ned opponent. That
which is only enthusiastically" out is not
out at all, but lin and wholly ''ln," even
under the ruling in Duvall VS.. Miller.
"'If l should hereafter be so fortunate
as to find myself "in" heaven, it would
not abate my joy one particle to know
that it had been supposed by some that l
was not Gin" heaven because a fragment
of my celestial garment extended IAN in
finitesimal distance" beyond the sacred
confines of that holy place; and if, on the
contrary. should be so unfortunate as to
find myself down yonder lin" that other
place, it would afford me no consolation
whatever to remember that once upon
time, back yondcr, up in the little State
of Maryland, an astute counselor had
made a stout argument before learned
court to show that in point of law l was
not in hell because, forsooth, l still had
left the power to protrude my parched
tongue IAN intinitesimar' distance beyond
the bars in search of o. of water.
"The court below rejected class 4, but the
Court of Appeals has reversed this and
declared these 472 votes good votes. In
Justice to the lower court, however, it
must be said that in its opinion it states
that it would have counted these ballots if
it had not felt itself bound by the strict
Ian guage of the Court of Appeals in Du
vail VS.. Miller.
Another important modification has
been made by the new decision on the
| subject of what is mandatory and what is
only directive in the election law. Ii
Ward none of the ballots had the ini-
tials of the judge of election thereon, as
strictly required by the law. 1t was shown
however, that that the initials had been
placed on the coupon instead of the bal
lot, and the coupon being torn off moth
ing appeared on the ballot. In counting
these uninitiated ballots the court has
practically decided that this strict pro-
| vision of the law is, under circumstances
such as appeared in this case, only direc-
tive and not mandatory, and the reason
| why ballots were not initiated can, in
certain plain cases, be shown and the
ballots counted. The ruling of the court
makes another important modification of
the language of the decision in Duvalps
case in the matter of the discretion of the
judges of election. 1t was there held that
little or nothing was left to the discretion
of the judge. He could not look at the
voters intention, etc. But from the
courts rulings on the other classes above
class it is now established that the
| judges of election can examine the mark
| ings Of the ballots with the view of deter
mining the voters intention and to Judge
whether his mark is substantially honest
one in accordance with the statute or
whether he has placed disting gushing
marks upon it, etc. Altogether the deci-
sion, while in terms not everything the
Duvall and Miller case. does modify that
decision in most of its important features,
and in future elections our judges and SUI
pervisors will have to be guided by the
new principles now established by the
court in counting of ballots-principe
which vary greatly from those under
which the counting was had under the
spring and fall elections of the past year"
Catarrh Cannot be Cured