Evening capital. (Annapolis, Md.) 1884-1910, 1907-07-16

The corporation has absolutely moth
/ ing before IL now upon which it e0uid
properly seat any body from the Third
i ward as 4 member duly elected It TIE
1 recent municipal election.
4 10 support ~ this II - lad dow= IN
1 fhe standard work u NcCrary On eiec-
tlons fstb sditiop) page I9@. that ..in
Ghrisman -. Anderson II Bart 90 Is
~ held 70 be the duty ~ the House
- Representatives IN the fnfesttga-
ilon ~ an election contest 90 70 behind
AL certificates for the purpose - eor-
| recting mistakes brought - its notice
In the same case, hOweyer.it was beld
that return not signed ~ ceFtieet
~ any ~ the officers ~ election was
not admissible. and The sanse point
was held in Barnes ~ adams. ~
Bart. 5g0j. tits the duty ~ the party
seeking 20 avail himself ~ . Vote
| which is not legally certified Or re-
turned, 10 make the necessary pr0of -
supply the place of the ususI formal
certificate Or retain. and II the party
| fails 10 DO 80. such vote eanuots 81
course. be received
while a mere irFecuiarity uhica
does not affect the result viii not vfti-
ate the return. get where the pFogi-
slOus ~ the election iaU have heen
entircly disfegarded by fi5e ofiieers
i and their conduct has been surh A. -
| render their refarus utterly uluOrthY
~ credit. the return must D. reieeted-
| Bat ID dOes NOT follow that legal
yotes east ~ sueh poll rusf be lost
They may b. proven by secondary
evidence lfhB return being. until i'm
| peacbed, ibs primary eyideneel. and
when thus proven may be Counted
/ In a fOotu0te 10 paragraph z6Z e -
pros ided that "a eanyassing board
should reject the returns made -
4 lbs judges ~ election n not accom-
panied by the certificate requfref -
| statute.
The corporation, then. having ng
election returns fefore it from the
Third ward, the alI-impgrtant gues-
tfOn becomes o. IL the duty - the
| corporation. 0r ~ its committee. 80
| take steps - get something 0f1eiai
| before IL from the Third ward upon
i which the corporation can aetf
| The Judges and clerks - elsetf0n aD-
/ pointed By the City Council haze not
/ signed the returns from the Third ward
/ and haze also failed - sign any
statement setting forth their reasons
/ for not signing the returns. a. re4uirest
1 by Chapter 81 Of the Acts ~ 1896
l ifndef this same act the eanvassfng
| boards for Baltimore city or any ~
/ the counties are directed - issue
| subpOeBa IN a case like the ore IN
der consideration 10 any judges and
| clerks who have omitted any matter
required tO be inserted by them IN
any statement or tally Sheet direct
ing them 10 attend before said board
and make such corrections - the
/ facts ~ the case require.
While the City Council, acting A.
a board Of caDyassers. are not ex-
pressIy directed By any law - sum
mon the judges and clerks before them
they undoubtedly have AZ least the
| implied power 20 do 50 and IN This
case the COMMITTEES on Elections can
take steps 10 procure from the judges
and clerks or the Third ward their
statement in writing, as required ~
law, as to their reason. IL any. for
not signing the election returns from
l that ward. ON this evidence or any
other competent evidence that the
/ corporation can in any manner get
| before it. IL can put itself IN a position
| to take some definite, intelligent ae-
| tion on the " hole question Of the eIee-
| tfon in the Third ward As - we'll
said in McCrary on Elections tpara-
graph 51SD:
TO set aside the returns Of an eIec-
| tion is one thing; to set aside the elee-
| ton itself IS another and very differ
ent thing. The return from a given
precinct being set aside, the duty Still
| remains TO let the election stand and
1 To ascertain, from other evidence, the
| true state OF the vote. The return -
1 only TO be set aside, as we have seen-
1 when il is 50 tainted with fraud or
| with the misconduct 0f the election
| officers, that the truth cannot - de-
dueed from IL. The ELECTION Is only
/ to be set aside when it Is impossible
| from any evidence within reach to a.
/ certain the result-wben neither from
the returns nor from other proof. nor
/ from all together, can the truth -
determined. IL is important 70 keep
lis distinction in mind"
Therefore, although this COMMITTEES
has nothing before il Now upon which
/ il could declare any election m the
Third ward. IL has way 80 80
something before it as above pointed
| out. Whether this something would
l be sufficient for the corpoFati0n Cor
Its committed To declare an election
| in said ward. would be a matter for
the corporation 10 judge for ftself
after IL had gotten before il bat evil
dence il could. As the matter stands
at present the question Of SUFFtC-
| IENCY Of evidences IS not before the
| City Council AZ all
If the corporation should decide
| that there was no election m tn
Third ward on July 5, So Far as it
could determine. the result n this
| decision would be. unguestfCnanly.
i that the last incumbenss ~ the ofiees
/ Of aldermen from the Third ward
| 7 Baer and Thompson. i. A. w0uId
| continue in Office until somebody had
1 been duly elected and qualified to
| take their respective places This
| view is fully supported By the weigbf
1 OF legal authorities in this country
1 and As NcCrary on Elections above
4 referred to. says
There is both reason and authority
1 to support the proposition that IN the
1 United States there IS An implied
/ right 10 hold over unless the contrary
appears 10 be the plain requirement.
Of the statute
our statute fthe City ChartsrI in
| no way limits the term % the Mayor.
1 Counselor and Aldermen - the den
mite. fixed term Of two years e sim
| ply providing the year and the dav on
/ which municipal elections shall oe
| held. without specifying the exact
1 length Of the term Of the officials 60
1 q - -