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Proceedings and Acts of the General Assembly, 1866
Volume 107, Page 1371   View pdf image (33K)
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115
Election of the 5th Election District of Somerset County, State
of Maryland, at the election held on the seventh day of Novem-
ber, 1865, delivered to them by Isaac Gibbons, Esq., before they
proceeded to receive the ballots of voters.
Test:
L. R. POLK,
One of the Judges of Election in the
5th Election District of Somerset County, Md.
PRINCESS ANNE, Dec. 12, 1865.
To the Honorable, the House of Delegates of Maryland:
The memorial of John R. Franklin would respectfully set
forth, that at an election held on the 7th November last he
was a candidate for the office of circuit judge of the 12th
Judicial Circuit of Maryland, and having received a majority
of the legal votes cast in the counties composing said circuit,
for the said office, as appears by the returns of the judges of
election therein, he was duly commissioned by the Executive,
and has qualified as judge of the said circuit by taking the
oaths required by the constitution and laws of the state.
But your memorialist has been notified by the Hon. Thomas
A. Spence, who was also a candidate and received votes for
the said office at the said election, of his intention to contest
the same, upon the following grounds, to wit:
First, that your memorialist was and is ineligible, be-
cause he was not at the time of the election, registered as a
qualified voter, but was rejected as such by the officers of
Registration of the 2nd election district of Worcester Co.
And secondly, that in the 5th, 8th, 10th, 11th and 15th
election districts of Somerset county, many illegal votes
were received and counted, said votes being illegal because
the persons depositing them were not registered as qualified
voters, and that if said illegal votes had been rejected and
those only counted which were legal, the said Thomas A.
Spence, instead of your memorialist, would have received a
majority of the votes cast in the counties composing said
circuit. And he is advised that the said Thomas A Spence,
in pursuance of the said notice, has memorialised your hon-
orable body, praying to be declared to have been duly elected
as circuit judge of the said circuit.
To these grounds of objection to his election your memo-
rialist begs leave to respond. In doing so, he disclaims all
intention of denying the constitutionality or validity of the
Registry Law; neither does ho presume to call in question

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Proceedings and Acts of the General Assembly, 1866
Volume 107, Page 1371   View pdf image (33K)
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