1867.] OF THE SENATE. 51

registered in 1866, were refused their ballots, upon which
was the name of A. Spates, for Senator, by the Judges of
Election Districts Nos. 1 and 10, in Allegany county, and as
is developed by the testimony, the said Judges assigned no
legitimate reason for said refusal, and in many cases abso-
lutely rejected the ballot assigning no cause for so doing.

As regards the second point raised by the Contestant, your
committee have seen nothing in the testimony which would
warrant the conclusion, that the sitting member, either coun-
seled armed men to be present at the polls on the day of elec-
tion, for the purpose of threatening force and violence with
intent to overawe and hinder the election, or conspired with
the Judges of Election to effect that purpose.

In the investigation, by your committee, of the testimony
connected with the establishment of the third point raised,
by the Contestant, the evidence develops the fact, that many
of the Judges of Election were reckless and criminal in the per-
formance of their duties, disregarding their sworn obliga-
tions, by permitting parties, entirely disconnected with any
official duty appertaining to the Judges of Election, to act as
Judges of Election, during the count after the polls were
closed. That the count in many of the districts, could not
bear an investigation after the ballots and books were deposit-
ed in the office of the Clerk of the Circuit Court for Allegany
county. That upon a re-count of the ballots in the said
Clerk's office, it was discovered that instead of a majority of
12 for C. H. Ohr, as was made out by the return Judges,
that A. Spates had obtained 35 majority; that the return
Judge of Election District No. 5, reported the vote for C. H.
Ohr, 399, and for A. Spates, 290, when the testimony taken
before the Justice of the Peace, and a certificate filed by the
Clerk of the Circuit Court for Allegany county, exhibits con-
clusively, that the Judges of Election in'said District No. 5,
made no return at all for State Senator.

As regards the fourth ground of controversy, your commit-
tee have discovered many material points connected with this
case to conclude them, that the Judges of Election in some of
the districts in Allegany county, had no theory in the per-
formance of the duties of their office, but in many instances
disregarded the plainest rights of the legal voters, were con-
noted and governed by an unwarrantable disposition, dis-
playing either an ignorance of the duties appertaining to their
office, or the possession of a spirit uncontrolled by the work-
ings of the plainest principles of justice. The fact is present-
ed to your committee, that in District No. 10, one of the
Judges of Election, James Crisholm, attended a meeting, and
assisted in organizing a set of men to come armed to the
polls, and that said armed men did attend said election, in
which said district, Alfred Spates received 13 votes, and, C.