The daily banner. (Cambridge, Md.) 1897-2008, 1916-06-01
COURT OF APPEALS
HOLDS ELECTION LEGAL
Election of Luke X. Hackett Affirm
ed By Highest Court in State
UphOlds Decision of Lower Court.

The contested election case OF
Samuel j. T. Smith, of East New
Market district, versus Luke K. Hac-
kett, of the Fork district, was final
ly decided yesterday when the Court
of Appeals, in an opinion filed by
Judge Hammond Urner, held that
the present incumbent, HacRett, was
legally elected and that from the evil
dence as presented, the Court could
see no reason for setting aside the
returns as certified by the Election
Supervisors of Dorchester county,
acting as a Board of Canvassers.
When the smoke of battle cleared
away the day after the election in
November last, it was found that
Samuel J. T. Smith, one of the Dem
ocratic candidates for the office of
County Commissioner; V. Calvin
Trice, Democratic candidate for
sor, one of the Democratic candi-
dates for Judge of the Orphans
Court, and P. Watson Webb, Demo-
cratic candidate for Clerk of the
Circuit Court, had been, on the face
of the returns, defeated, by Luke K.
Hackett,A Stengle Marine. Reuben
Baumgartner and VIM. H. Medford,
respectively. In the case of the two
last named Democrats, the maiori-
ties of their opponents were SO pro
bounced that there could be no ques-
ion of their election, and no horc
of changing the returns through cor
rections or such slight changes as
might result from the final canvass.
In the case of Messrs. Smith and
Trice, however, the majorities of
heir opponents were so slight that
the change about of a few votes
would have changed the result en-
tirely, and for several DAYS, that is.
until the returns from all of the
election precincts in the county were
received, the result was in doubt.
The final canvass of the vote by the
Election Supervisors showed that
Messrs. Hackett and Marine were
elected by a small majority.
AS the result of information which
came to them concerning certain al
legged Irregularities in the Fork,
Hooper's Island and Neck Election
districts, taken in connection with
the fact that the election in the Sec
ond precinct of Cambridge, the col
ored precinct, which is heavily Re-
publican, had been held in the first
precinct, entirely outside of the pre-
cinct lines, Messrs. Smith and Trice
determined to contest the election of
their opponents, and engaged as
counsel Col. Clement Suiivane, of
Cambridge, and former Attorney
General Isaac Lobe Straus, of Balti-
more Petitions were filed, and tes-
timony was taken in February, and
after looking over the testimony the
Circuit Court for Dorchester county
handed down decision, in the case
of Smith VS.. Hackett, holding the
election of Mr.. Hackett as legal, and
dismissing the petition of counsel for
Smith for recount of the votes. No
decision was rendered, at the time,
in the suit of Trice VS.. Marine, the
general impression being at the
time that following the decision of
the Court of Appeals, the testimony
being the same, the lower Court
would then hand down a decision in
this case.
AS was expected, counsel for Mr..
Smith took an appeal from the deci-
sion of the Lower Court, and the
case was hurried to the Court of APP
peals in order that decision from
that Court might be obtained as
speedily as possible, in order that fl
nal settlement might be obtained.
And, as noted above, the Court. of
Appeals sustains the decision of the
Lower Court, thrreby declaring Mr..
Hackett egally elected to office.
1t is expected that decision of
the Court in the suit of Trice versus
Marine will be filed in a short time,
after which, should the decision dis
miss the petition of Mr.. Trice, as is
expected. Mr.. Marine will be sworn
in as States Attorney.