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Proceedings and Acts of the General Assembly, 1866
Volume 107, Page 1799   View pdf image (33K)
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REPORT.
TO THE HONORABLE
THE HOUSE OF DELEGATES OF MARYLAND:
The Committee on Elections, to which was referred the
petition of Thomas A. Spence, contesting the election of
John R. Franklin, as Circuit Judge of the Twelfth Judicial
Circuit of Maryland, and the memorial of the said John R.
Franklin in response thereto, having deliberately con-
sidered the petition and. memorial, so referred, and the
testimony submitted by the petitioner and memorialist to
support their several averments, respectfully report: That,
the Committee have entered upon the matter referred to it,
deeply impressed with its importance. The individual
interests of the parties to this proceeding, great as they may
be, when we consider the dignity and importance of the
office depending upon its decision, sink into insignificance,
when compared with the public interests involved in the
charges made by the petitioner: That the laws of the State
have been wantonly and recklessly disregarded and set at
defiance by its public officers,—the purity and sanctity of
the ballot-box polluted, and the right of the majority of
the legal voters to have their choice expressed and enforced,
outraged. The petitioner contests the election of Mr.
Franklin on two grounds. In the first place, because, at the
time of the said election, Mr. Franklin was disqualified to
hold the office of Circuit Judge,—under the fourth section
of article first of the Constitution; and, in the second place,
that the Judges of Election in the fifth, eighth, tenth and
fifteenth Election Districts of Somerset County illegally
received, counted and returned, in their certificates, a large
number of illegal votes which were polled for Mr. Franklin,
whereby it was made to appear that Mr. Franklin received
the largest number of votes and was elected, when the fact'
is. that he, the petitioner, received the largest number of
the legal votes polled in the said Districts and in the Cir-
cuit, and was duly and legally elected.

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Proceedings and Acts of the General Assembly, 1866
Volume 107, Page 1799   View pdf image (33K)
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