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1834 JOURNAL OF PROCEEDINGS [Mar. 29,
whole evidence could have been printed in time for a reasona-
ble opportunity to read, and consider if the order directing it
to be printed offered in this House on the 29th February
last had been adopted, instead of referred to this Committee,
Which declined to take any action thereon.
If any apology for the length of this introduction be need-
ed, it will be found in the consideration that the remarkable
absence from the record of the most important and conclu-
sive evidence, the delay in the transmission of the evidence,
and the failure to print the same, if unexplained might well
be supposed to have been due to some fault of the contes-
flints.
If, however, it appears from the record, as it is. respectful-
ly insisted it does appear, not only that the contestants are
not in fault, but that they have been indefatigable in their
Efforts to bring out all the facts, then their failure to do so
because of the reasons hereinbefore set forth instead of weak-
ouing, strengthens their cases, just in proportion to the im-
portance of the evidence excluded, and the number and seri-
ous character of the delays and obstacles interposed.
But notwithstanding the exclusion of important evidence,
and the difficulties in the way cf a full consideration of what
the record does disclose, there are some facts uncontradicted
and indisputable, easily selected from the mass of evidence
before us, and applicable to every one of the three Districts of
the City of Baltimore, which incontestably prove that the
election of November 2d, 1875, in the City of Baltimore, was
wholly invalid and void. Thus it appears from the uncon-
traaicted testimony of Marriott Boswell, Clerk to the Board of
Police Commissioners, and is admitted as an undisputed fact,
that the only oath administered to the judges and clerks of
election, who acted at said election was administered by him,
(Boswell,) and was merely to the effect that they would do
their duties, as judges and clerks of election, to the best of
their ability. It also appears from the certified copies of the
poll books and returns of elections filed as evidence in
this case, that while the judges of the late election in the
City of Baltimore, certify that they and the clerks duly
qualified according to law before the Board of Police Com-
missioners there is no certificate of every such oath signed
by the person administering the same annexed to any of the
polls.
These facts are true of every precinct in the City of Balti-
more Every Judge and Clerk who was, sworn at all, (some
did not trouble themselves with such formality as will here-
after appear,) was sworn by the Clerk of the Board of Police
Commissioners, simply to faithfully discharge his duty and
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