1874.] OF THE HOUSE OF DELEGATES. 793

Robinson, Kemp, Clark,
Bird, Pruitt, Watkins,
Seth, Merrill, Park,
Valliant, Koons, Brace,
Conlbourn, Miller, Vanderford—25.
Duer,

So the motion prevailed, and the motion to reconsider the
vote by which the further consideration of the hill was post-
poned until the 6th day of April next, was laid on the table.

Mr. Colton, Chairman of the Committee on Elections,
(the rules being suspended,) submitted the following

REPORT.

To the Honorable,

The General Assembly of Maryland:

The Committee on Elections, to which were referred the
returns and testimony taken in the contested election case of
Henry Brooke vs. Robert S. Widdicombe, respectfully report,
that they have afforded the parties fall opportunity to be
heard by counsel, and after an elaborate discussion of the
law and facts' involved in the case, and a careful considera-
tion of the testimony, they submit the Resolutions hereto
annexed as the result of their conclusions.

The importance of the principles involved, as well as the
fact that this is the first case of a "contested election" which
has been decided by the House of Delegates, under the
twe11th section of Article four of the Constitution of eighteen
hundred and sixty-seven, which reads as follows: "If i.n any
case of election for Judges, Clerks of the Courts of Law,
and Registers of Wills, the opposing candidate shall have
an equal number of votes, it shall be the duty of the Gov-
ernor to order a new election; and in case of any contested
election, the Governor shall send the returns to the House of
Delegates, which shall judge of the election and qualification
of the candidates at such election; and if the judgment shall
be against the one who has been returned elected, or the one
who has been commissioned by the Governor, the House of
Delegates shall order a new election within thirty days," in
the opinion of your Committee, renders it proper that the
grounds of the conclusions at which they have arrived should
be stated; especially is this important, as this case may furn-
ish a precedent for cases hereafter arising.

In the mandamus suit recently decided by the Court of
Appeals, between these parties, involving the question of the
right to the office of Clerk, pending the contest before the
House of Delegates, Chief Justice Bartol, in delivering the
opinion of the Court, says: "To that tribunal, (meaning
House of Delegates,) the Constitution has given the exclusive