Evening capital and Maryland gazette. (Annapolis, Md.) 1910-1922, 1913-10-22
BULL hOOSERS SCORE
POINT IN MANDAMUS
Judge Brashears 0verrules De-
murrer InterpOsed by State.
CASE TO APPEALS COURT.
States Highest Tribunal To Pass
Judgment on Important Question
Involved.


Progressive party will be placed or
the official ballot to be voted for al
the November election, has been put
up to the Court Of Appeals for final
decision.
Following a lengthy hearing on
the demurrer to the petition for a
mandamus, filed by the Bull Moose
candidates, and directed against Sec
retary Of State Robert P. Graham, to
compel that official to certify to their
names as candidates of that party
Judge Brashears. in the Anne Arun-
del Circuit Court, overruled the de-
murrer. In doing so, Judge Bra
shears expressed the wish that the
case be appealed to the States high
est tribunal for a final determine
tIon Of the issue.
Rival counsel at once entered into
an arrangement to take the appeal,
which will, of course be filed by At
torney-General Poe in behalf of Sec
retary Of State Graham. 1t will be
made upon an agreed statement
of facts. Owing to the near
approach Of election day, il is
expected the Court will advance
the case on the present October term
docket, that the issue may be argued
and disposed of Immediately. IL was
announced today tnat the court would
take the case up Friday.
Meantime, Judge Brashears he's
signed an order granting the original
petition, the effect Of which is to III
rect the Secretary Of State to certify
to the names of the Progressive can
didates. This, however, will stand in
operative, pending the decision by
the Appellate Court, which, it is ex.
pected, will be handed down imme-
diately upon conclusion of the case.
The petitioners in the case are
Messrs. George L. Wellingt N, Joseph
r. Baldwin and William c. Smith
Progre ssive candidates for United
States Senator, State Comptroller and
Clerk of the Court of Appeals, re-
spe ctively. The suit was filed by
former Attorney-General Charles J.
Bonaparte and George r. Cater.
In declining to certify to the names
of the candidates, Secretary Graham
was guided by that part Of the cleo
tion law which provides that such
certificates of candidates must be
filed with the Secretary of State
within twenty-five days of the date
of the election, whereas he did not
receive them until October Il. But. as
Attorney Smith stated, in reading
from the original petition, an atte mpt
was made to file the papers on Octo-
Der 10, but that Secretary Graham
was out of the State at that time, be.
ing in Ohio.
In this connection, it was contend
ed by Attorney-Genera raj Poe, that the
provision of the law was mandatory
and not directory, in the premises,
and that furthermore, the office of
the Secre tary of State at Annapolis
is always open, and that officials are
regularly on hand to receive an6 re-
cord all papers intended for him.
This provision is set forch in Section
A6 of the Election Law.
On the other ha0d, Mr.. Bonaparte,
in referring to the method and time
of filing certificates of nomination,
urged that such certificates are regard
ed as filed when delivered at the
proper office of the official, and duly
received and recorded by him. be
further c0ntended that the real ques.
tion involved is the character of Sec.
tion 46 and the election law, which,
he said, is approached with a wide
Interpretation, aided by certain vel
established rules. The general rule
in Maryland, he contended, is that
the designation OF time, is directory
and not mandatory. That is more
clearly the case, in this instance, he
said, and he urged that the rights oi
no one are affected by this interpr e.
tati)n of the law, and the names Of
the petitioners should be placed or
the official ballot.
Much of the argument revolveC
| around the provisions of Section 46
and those of Section so. The latter
in brief, provides that in case of the
declination Of any candidates or can
| didates, or former certificates becom
ing imperative for some cause, thel
q candidates name may be placed ol
the ballot, if the proper certiicstiol
is filed within eight days of the elec
tioB.
In overruing the demurrer, Judg
| Brashesrs maintained that in such
question the primary election Law
should be construed in connection
with the whole election law, and tina
it is unreasonable TO think that
candidate should be denied the righ
of having his name placed on tn
ballot simply by an act cf negligence
or oversight on the part of public
ofieial.
The decision did not 90 so far a
70 rule that The nominations nigh
be received UP to within eight day
| prior to the election, but merely GOV
cred the case before the Court. Judg
Brashears holding that it was evi
dent thst the slight delay did no
unduly Inconvenience the Secretsr,
of State, or interfere with the prep
sration Of the ballots in the countie
and Baltimore city