Evening capital. (Annapolis, Md.) 1884-1910, 1907-07-16
THIRD WARD CONTROVERSY
MR.. MELVIN EXPLAINS PRES
ENT STATUS OF CASE
Powers Of the CounciI TO Obtain Esidence
Baef and Thompson Hold Over
Until Decision is Reached

AZ the meeting ~ tbe city Council
last night Counselor Kidgeiy y. Mel
| sln submlited ~ interesting and very
able opinion on tho legal aspects of
/ th0 Third ward election controversy.
By direction ~ the Council this opin.
l ion was flied among the Corporation
| papers. The opinion - ~ follows
sf,ro tbc COMMITTEES on Elections ~
the Corporation ~ Annapolis.
Gentlemen
In pursuance Of my duty ~ the
/ cify'H counselor ~ law. and also, by
| fequcst ~ the Mayor. - the legal 81
i wiser a. your committees, leg 20
submit herewith my opinion as 10
| the legal aspects of the question that
| has arisen over the election adgcr.
tised 10 be held in tbs Third ward
of Annapolis 0D July =, last
Section ! ~ the ciiy Charter pro-
/ yides that ''flIe citizeDs Of Annapolis.
| analined 90 vote for members ~ lhe
| General Assembly Of Maryiaud shall
elect by ballot IN each alternate year,
accounting from tbe year 1901, on
the second Monday of July Mayor.
Counselor, and The voters ~ each
ward shall elect by ballot two resi-
dents thereof ~ Aldermen, who shall
| constitute the corporation of said
city. under liie name and style ~ the
| Mayor, Counselor and Aldermen ~
| tile city ~ Annapolis"
| Section Of tho charter provides that
| the corporation shall appoint its own
| Judges and clerks ~ its iuunicipal
elections and THAT said Judges and
clerks shall, in the execution Of their
respective duties and in the manner
~ conducting elections conform ~
every respect 10 the provisions ~ the
Code ~ Public General Laws relating
to elections, aud shall be subject 10
tho same penalties ~ other judges and
clerks Of election in tbfg state
fD pursuance ~ these two sections
Judges and clerks we're duly appoint
ed 10 conduct municipal election
on July y, 1901, which election was
proceeded with 90 that day ~ all
three wards 0f the city. After the
closing ~ the polls the judges and
clerks Of election arc charged with
certain specified duties by the proyi-
aions of Chapter J31 ~ the Acts 81
1906 Zone of tie General Laws Of
this Slaie), among which duties are
tO make out - statement setting forth,
among other things, 'tle whole num-
t,er ~ votes in the ballot box and the
whole number ~ votes given for
each person, designating the Office for
which they were given and At
80 end of such statement shall be
written a certificate that tbe same Is
correct IN all respects; which Ger
tificatc and each sheet Of paper form
ing part Of the statement shall be
subscribed by the judges and clerks.
II any Judge or clerk shall decline
10 sign such returns he shall state bis
reason therefor In writing aud copy
thereof, signed by himself, shall be
enclosed with each return"
Under the Charter Of Annapolis cleo
lion returns shall be made 10 the
Mayor, C0uDselor and Aldermen and
recorded among their proceedings"
The CITY Clerk Is the official who, in
the FIRST instance, receives these re-
turns and he, in turn, Is required by
Section Of Article or the City
Code, 10 make returns Of elections in
the manner now provided for by the
laws Of the state Of Maryland regu-
lating elections
Upon the receipt of election returns
from the City Clerk the City Council
becomes the CONTRASTING board of said
returns and under Section - OF the
Charter, they shall judge Of the
election returns and the qualification
Of their own members" This section
(15) is the only statute law in exis-
tence. SO far as careful examination
has disclosed, pertaining to post-elec-
tion procedure by the Mayor, Coun
selor and Alderman of Annapolis in
regard TO the question Of seating can
didates for membership in said cor
DOrati0n. Nowhere does there appear
TO be any prov ision Of law prescrib-
ing what their duties shall be after
returns have been submitted to them
fexcept as provided in section 15),
nor are they amenable 10 the prOvi-
sion OF the General Election Law Of
Maryland setting forth the procedure
to be followed by canvassing boards 7;
for, although the judges and clerks
Of election appointed by the corpora
tion are subject in all respects to the
General Election Laws, the corpora
tion itself Is left practically supreme
as TO its procedure and actions in
passing on elections and Oh the quail
ifications of members.
Taking into consideration, then.
the facts presented by the Third ward
controversy, we find that in due time
after the hour sci for the closing OF the
polls throughout the city the judges
and clerks from the First ward aud
from the Second ward submitted to
the City CLERK duly authenticated re-
turns OF the election held in said
wards, respectively, which said re-
turns were, in turn, submitted by the
clerk To this committee ON the day fol-
lowing the election. An unauthenti-
Gated paper, not signed by anybody,
purporting TO Come from the Third
ward. was presented 10 the clerk
This paper was evidently submitted
in the place of said official election re-
turns required by law, and stated
that the election returns were not
signed by the proper officers because
there were found three more ballots
in the box than there should have
been. This statement, also, was not
signed by anybody. Nothing, how
ever, that could under any reason
able construction be called proper
election returns from the Third ward
have ever been submitted to the City
CLERK or TO the corporation or any
OF its officers, aud, therefore, this
Committee on Elections cannot, Of
Il course. in this state OF the case, report
that any person or persons have been
elected from the Third ward, there
being no credentials upon.whicb such
report could be based. Until some
aufhenf;e felnr credentials are
- f'fei a. ll.s corporation by the
ssya officials 0s the Third ward