488 JOURNAL OF PROCEEDINGS [Feb. 26

the opinion, for the reason stated, and in view of the
reckless way in which the ballots were counted, that the
result of the recount is absolutely worthless, ard I there-
fore submit that the Honorable George B. Merrick is en-
titled to the seat which has been contested by Charles
W. Barr, and submit herewith the following resolution:

Resolved, That George B. Merrick, the sitting member,
is entitled to a seat in this Honorable Body as one of the
members representing Prince George's county, and that
Charles W. Barr is not entitled to said seat.

Respectfully submitted,

JOS. W. WOLFINGER.
The report of the committee was,

On motion of Mr. Wolfinger,

Made the Special Order of the Day for Thursday at 1
P. M.

Mr. Walbach submitted the following motion:

That the testimony taken before the magistrate in the
contested election case of Darr vs. Merrick, as submitted
to the Elections Committee, be printed, and that a copy
thereof be placed on the desk, of each member of this
body prior to the hearing of said contest of this house.

The Speaker ruled the motion out of order.

Mr. Walbach appealed from the decision of the chair.

The yeas and nays were called for and appeared as
follows:

AFFIRMATIVE.

Messrs.

Truitt, of Bal. co., Brown, of Fred., Robinson,
Mann, Mitchell, Johnson,
Sandman, Hopkins, Staley,
Jeffers, Foster, Clark,
Corkran, Gately, Deets,
Pattison, Bramble, Anderson, of Car.,
Mackie, Sanford, Norris, of Car.,
Kimble, Knott, Hoffacker,
Dudley, of Q. A., Lehmayer, Walsh,
Norman, Latrobe, Wolfe,
Truitt, of Wor., Curtis, Waller,