8

Senator for said county, on the 6th of November, 1866, the
said Spates was a candidate for State Senator, and received a
large number of votes for that office; and that a larger num-
ber of votes were cast at the said election for this respondent
for said office, and that he was declared by the judges of said
election, to be duly elected as such Senator.

This respondent further admits that the said Spates, on
the 16th of November, 1866, did serve on this respondent,
notice of his intention to contest the election of this respon-
dent, and also on the 23d of said month, delivered a notice
of the witnesses and time, and place, where he would take
testimony to substantiate his claims to the seat of this re-
spondent.

In the said notice, the said contestant alleges four grounds of
contest to be proven by said witness. Your respondent submits
that the testimony produced by the said contestant, fails to sub-
stantiate any one of these alleged grounds as applicable to
this contest, and that by the rebutting testimony of this
respondent, on due notice according to the requirements of
the Code of Public General Laws, the contestant's claim is
wholly disproven.

This respondent further respectfully submits, that the said
contestant is disqualified by the Constitution and Laws of
this State, for the said office, and being thus ineligible, he
could not, even if he had received a majority of the votes
cast at said election, be entitled to a seat in the Senate, and
that the votes cast for him must be thrown away, and that
many of said votes were illegally cast; the voters themselves
not possessing the legal qualifications entitling them to exer-
cise the elective franchise.

All of which is respectfuly submitted,

C. H. OHR.

"EXIBIT No. 3."

STATE OF MARYLAND,

ALLEGANY COUNTY, to wit :

I hereby certify that it appears on records in this office,
that Alfred Spates, was duly registered as a voter in District
No. 6, in Allegany county, Maryland, in the year 1865; and
that his name, as such registered voter, appears upon the
registry book of said District No. 6, in said county, and also
on the return of the registers, filed in the clerk's office for
record; as directed by the Act of Assembly, in such cases
made and provided: