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Proceedings and Acts of the General Assembly, 1866
Volume 107, Page 1789   View pdf image (33K)
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REPORT.
To the Honorable,
the House of Delegates of Maryland:
The committee on Elections, to whom were referred the
memorial of George E. Gambrill, contesting the right of
.Sprigg Harwood to hold the office of Clerk of the Circuit
Court for Anne Arundel county, and the counter memorial
of Sprigg Harwood, insisting upon his right to retain the
said office, respectfully report:
That they have carefully examined the law and the facts
as fully presented before them by the respective parties and
their counsel, and the majority of the committee have arrived
at the conclusion that the House should adopt the accompa-
nying resolutions admitting the contestant to the said office.
The first ground upon which Mr. Gambrill claims the
office is that Mr. Harwood, in the year 1865, was a Senator
representing Anne Arundel county in the General Assembly;
that during the January session of 1865, sundry laws were
passed increasing the salary or profits of the said office; that
the election was had during the period of time for which he
was elected Senator, and that consequently he was ineligible
to the said office at the time of the said election, according to
the provisions of section 16 of Article 3 of the Constitution.
That section reads thus:—"No Senator or Delegate, after
qualifying as such, notwithstanding he may thereafter resign,
shall during the whole period of time for which he was elected,
be eligible to any office which shall have been created, or the
salary or profits of which shall have been increased during
such term, or shall, during said whole period of time, be ap-
pointed to any civil office by the Executive or General Assem-
bly."
A similar provision, but much less stringent in its lan-
guage, is to be found in the Constitution of 1850, and also in
the Constitution of the United States, and of almost every
State. This should be a sufficient vindication of its propriety,
to satisfy any mind of its wisdom. Every commentator upon
this point has testified to its value and the necessity of its
enforcement.

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Proceedings and Acts of the General Assembly, 1866
Volume 107, Page 1789   View pdf image (33K)
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