52 JOURNAL OF PROCEEDINGS [Jan. 16,

H. Ohr, 69; at the same time, it appeared to the committee,
that there were 141 names on the list purporting to he the
register of voters of Ejection District No. 10.

Your committee have also discovered, as connected with
this point, that the register of qualified voters for District No.
10, Allegauy county, has never yet been filed in the office of
the Clerk of the Circuit Court for Allegany county, according
to Jaw, either for year 1865 or 1866.

From the facts adduced before your committe, they have ar-
rived at the following conclusions :

1st. That 31 legal voters offered their ballots, on which
was the name of Alfred Spates, for State Senator, which were
refused by the Judges of Election in District No. 10, and
which should have been received and counted for Alfred
Spates, the candidate for State Senator.

2d. That the vote in Election District No. 5, should be-
thrown out of the count for State Senator, because the Judges
of Election, in said district, made no return, as is required by
law for said State Senator.

3d. That upon a re-count of all the ballots returned to the
office of the Clerk of the Circuit Court for Allegany county,
it appears that A. Spates received a larger number of votes
for State Senator than C. H. Ohr.

4th. That taking into consideration all the facts in this
case, admitting all legal votes and rejecting all illegal votes,
your committee have descovered, that the vote in Allegany
county for State Senator, stands thus: Alfred Spates, 2,066;
C. H. Ohr, 1,917; a majority for Alfred Spates, 149 votes.

Your committee submit the following resolutions for your
action:

Resolved, That C. H. Ohr was not duly elected as State
Senator for Allegany county, and is therefore not entitled to
a seat in this body;

Resolved, That Alfred Spates having received the highest
number of votes cast, together with those which should have
been received by the Judges of Election, for Senator for Al-
legany county, is delared duly elected, and entitled to a seat
in this body, as Senator for said county.

G. FRED MADDOX,
JAMES T. EARLE,
DOUGLASS STIRLING.
Which was read.

On motion of Mr. Bowie, it was

Ordered, That the printer to the Senate be required to have
all the testimony in the contested election case of Alfred
Spates versus Charles H. Ohr, before the Senate on Monday
morning next, ,21st January, and that the report of the Com-