Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1913-04-25
Extra Session Not Necessary.


lature to provide machinery for electine
a successor TO United States Senator VIM.
+. jackson that there is already sufficient
machinery with which to hold the election
in November; that there is no need for
Governor Goldsboroueh TO order special
election, and that the successor to Senator
Smith should be elected in the fall Of 1914
Much importance is attributed TO Mr.
Straus' opinion beca use it is believed to be
almost certain that one or more candidates
TO succeed Senator Jackson will undertake
to put their names on the ballot in the
coming primary and general election in ac-
cordance with the views expressed by Mr..
Straus
Mr.. Straus' opinion is as follows
The Federal Constitution is the supreme
law Of the land. and. of course. Of Maryland.
1t rests upon our officials and upon our
people with the full weight and sanction
Of any other State law. Therefore, every
thing that it directs to be done must. as
matter Of law. be done by the people and
officials Of the State.
The provisions Of the Federal Constitu-
ton relating TO the election Of United
States Senators are, therefore, the supreme
law Of the State. Not only is that true.
but those provisions Of the Constitution
are seif-operatins in the positive duty
which they impose upon the people and
officials Of Maryland. The provisions of
the Constitution as established by the last
amendment oblieate the people Of Mary
land to elect United States Senators from
the State to make up the Federal Senate.
The present provisions Of the Constitution
on the subject are that there shall be
United States Senate. that there shall be
two members in it from each State. and
that these two members shall be elected by
the people of the respective States.
1T is. therefore. the bounden legal duty
Of the people Of Maryland to elect two
United States Senators. OF course. they
must do this by legal processes they must
have the requisite machinery for conduct
ing the election which the United States
Constitution requires. The next matter.
therefore. to be dealt with. is presented by
this iDquiry-the Federal Constitution i'm
peratively requiring the election by the
people Of Maryland Of two United States
Senators. does the present general election
law Of the State provide the means Of do
ing so =? am Of the opinion that it does,
and reach that conclusion from both the
general provisions, scope and intent of our
election law as well as from very specific
provisions embraced in it.
The Supreme Court has in effect decided
that United States Senator is a State
officer, just as il has held that Presiden-
tial elector is State officer.
The general election law of Maryland
takes up the bulk Of Article 80. entitled
Elections. of our State Code 1t is clear to
my mind that the general provisions of the
article plainly contemplate that there shall
be held throughout the State elections by
the people in the manner which the article
itself prescribes Of all public officials who,
by the State Constitution and statutes. and
by the Federal Constitution. are required
to be elected
Il take this TO be the undeniable intent
Of the statute as whole. and the intent
Of statute is the Law. Section IA Of arti-
Gle SO provides that the Board Of Super
visors shall have charge Of and make pro-
vision for all elections. general, special.
local. municipal, State and county. and for
all others of every description. etc Sec
tons 43. a.. 40. so and 81 clearly show
by their express language that they apply
to all offices to be filed by the voters Of
the entire State. Sections 5S and SO re-
fer TO all said ballots in all elections in
and throughout the State of Maryland,
etc. Section So covers all ballots cast in
elections for public officers within the State.
and Section 81 explicitly prescribes that
it shall be the duty of the Board OF Super
visOrs Of Elections Of each county and of
the city Of Baltimore to provide ballots for
every election for public officers . . and
cause to be printed on the ballot the name
Of every candidate whose name has been
certified to or filed with the proper officers,
etc. The provisions for canvassing the
votes (Sections 70 to 88) and those pro-
vidine penalties are sufficiently broad to
cover the election Of Senators, and so mani
testify are the provisions Of the corrupt
practices act, Of which Section ITO. for
example. declares Every candidate for
pubic Office, including candidates for the
Office Of Senator Of the United States. shall
file, etc.
But the conclusion that all officers I'M
der the Federal Constitution and the State
Constitution and laws shall and must be
eected in accordance with the provisions
Of the general election law is explicitly
sustained by the special section Of the
general election law itself. which defines
the meaning Of the word election as used
in the article. The special section to which
| refer is Section 100. 1t says:
The word election" as used in this arti-
Gle shall be construed TO include elections
had within any county or city for the pur-
pose Of enabling voters to choose some
public officer or officers under the laws Of
this State or Of the United States, or to
pass upon any amendment, law or other
public act or proposition submitted to vote
by law.
Here is a specific declaration by a spe-
cial section Of our general election law
that includes elections Of any public Off
Ger to be elected under the law or laws of
the United States. as well as under State
laws.
"A United States Senator is a public
officer ordered and required by the supreme
law Of the nation and State to be elected
by all the people Of the State.
This imperative command Of the su-
preme law. to elect United States Sena-
tor, appropriated to itself. as in pari mate
ria. the provisions Of Article SO Of our
Code and all the machinery which il pro-