The Republican. [volume] (Oakland, Md.) 1877-current, 1903-01-01

A leading member of the bar of Al
legany county, in discussing the re-
cent decision Of the Court of Appeals
in the Cumberland Mayoralty case,
said:
"a further investigation of the pre-
else points decided by the Courts of
Appeals in the recent election contest
case of Coulehan VS.. White, in which
the Mayoralty of the city of Cumber-
land was at stake, shows that the
court has seriously modified its for
Miller in several important particu-
lars. In the Coulehan case the var
ious markings OF the ballots were
| classified and arranged in 81 classes
The description Of class was as fol-
lows: Where one or more cross
marks extend beyond the line OF the
square an infinitesimal distance, visi-
BILE in an ordinary light, but scarcely
measure BILE The description of class
5 was as follows: Where the cross
mark extends beyond the line of the
square greater distance than the
greatest distance described in class 4. =,
"Out of 5000 ballots cast at the Cum
berland election 447, or nearly one
sixth of the whole vote were marked
as in class 5, and 472 ballots as in
class A.
In their argument for Mr.. White,
the Republican, in the Court of APP
peals Messrs. Doub and Richmond
commended that class 4 should be
counted, Notwithstanding the decis-
ion Of the court in DuYall VS.. Miller,
on the ground that line that was
cut only an infnitestimal distance
was not out at all, but was in for
all practicable, sensible purposes In
closing his argument on this point
Mr.. Richmond said: Under the rul-
ing of this court in Duvall VS.. Miller
class must go out. II this decision
must stand, AIT votes, or nearly one
sixth of the whole vote of Cumber-
land, must be thrown out under class
5. Surely one-sixth of the whole hon
est, fair vote Of city of white intelli-
gent inhabitants is enough to immo-
late to the juggernaut Of stare decis5oe
without adding thereto the other
sixth Of class under the 'infnitesi-
mall argument of our learned oppo-
nent, That which is only 'infinitesi-
mally' out is not out at all, but in, ;
and wholly in even under the rul-
ing in Duvall Us. Miller.
"'If l should hereafter be so fortu-
nate as to find myself i'm heaven it
would not abate my joyione particle
to know that it had been supposed by
some was not i'm heaven because
fragment of my celestial garment ex-
tended AN infinitesimal distance be-
yond the sacred confines of that holy
place; and if, on the contrary, should
be unfortunate as to find myself down
yonder i'm that other place, it would
afford me no consolation whatever to
remember that once upon a time,
back yonder, up in the little State of
Maryland, an astute counselor had
made a stout argument before a
learned court to show that in point of
law | was not in hell because, for
sooth, l still had left the power to
protrude my parched tongue AN in
finitesimaF distance beyond the bars
in search of drop of.water.'
1.-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 it's
opinion it states that it would have
counted these ballots if it had not felt
itself bound by the strict language of
the Court of Appeals in Duvall 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 elect
ion law. In Ward 3 none Of the bal
lots had the initials of the Judge of
election thereon, as strictly required
by the law. 1t was shown, however,
that the initials had been placed on
the coupon instead of the ballot, and
the coupon being torn off nothing ap-
peared on the ballot. In counting
these uninitialed ballots the court
has practically decided that this
strict provision of the law is, under
circumstances such as appeared in
this case, only directive and not
mandatory, and the reason why bal
lots were not initiated can, in certain
plain cases, be shown and the ballots