1904.] OF THE HOUSE OF DELEGATES. 1567

Harry, Henkel, Harvey,
Hiteshew, Lock, Howard—40.
Smith,

Said bill was then sent to the Senate.

Mr. Godwin raised the point of order,
That Mr. Lansdale was not in the House at the time
the vote was taken.

Mr. Wells offered the following resolution:

Resolved, That Hungerford Smoot though returned
as elected as a delegate from Charles county, being in-
eligible under Article 3, section 9, of the State Con-
stitution is not entitled to a seat in this body.

Which was read and referred to the Committee on
Elections.

Mr. Linthicum offered the following substitute
RESOLUTION:

Whereas, The Election Committee of the House of
Delegates having determined that James de B. Wal-
bach, being duly returned elected is found eligible and
Hungerford Smoot while returned elected is found in-
eligible.

Resolved, therefore, That James de B. Walbach be
and be is hereby determined to be a member of this
body and entitled to his seat in this body, and Hun-
gerford Smoot is hereby determined not to be a mem-
ber hereof.

Which was read and referred to the Committee on
Elections.

Mr. Collins moved to lay the resolution on the
table.

The yeas and nays were called and appeared as fol-

lows:

AFFIRMATIVE.
Messrs.

Wilkinson, Crawford, Miller,
Gibbs, Harrison, Pairo,
Bond, Harry, Baker,
Simmons, Hiteshew, Charles,