932 ELECTIONS. [ART. 33

without his sanction or connivance; (b) the offense was of a trivial,
unimportant and limited character; (c) in all other respects such elec-
tion was free from corrupt practice on the part of such candidate and
of his political agent, then the election of such candidate shall not be
void, nor shall the candidate be subject to any ineligibility therefor.
An appeal to the court of appeals may be taken on questions of law
from any decision relative to ineligibility to public office or employ-
ment of any such candidate.

1908, ch. 122.

176. The courts in which such petitions shall be filed shall have
authority to tax the costs as in equity cases, and also to subpoena wit-
nesses and require them to testify as in other civil cases, and to compel
by subpoena duces tecum the production for examination of any books
or papers of any kind, or of any other thing which may be required or
desirable in the conduct of such inquiry. In any proceeding held under
the provisions of this or the preceding section, no witness shall be
excused from answering any question or producing any book, paper or
other thing on the ground or claim that his answer or the thing produced,
or to be produced by him, may tend to incriminate or degrade him,
or render him liable to a penalty, but his answer, or the thing produced
by him shall not be used in any proceeding against him, except in a
prosecution for perjury in so testifying.

1908, ch. 122.

177. It shall be the duty of the state's attorney of Baltimore city
to prosecute, by the regular course of criminal procedure, any person
whom he may believe to be guilty of having violated any of the provi-
sions of this sub-title within the said city, or any resident of said
city, who may have violated any provisions of this sub-title within said
city or in any other part of the State. And it shall be the duty of the
state's attorney of each county of this State to prosecute, by the regular
course of criminal procedure, any person whom he may believe to be
guilty of having violated any of the provisions of this sub-title within
the county for which said state's attorney may be acting as such, or
any resident of such county who may have violated any provisions of
this sub-title in such county or in any other part of the State. And in
any criminal prosecution under this sub-title or for violation of any of
the provisions thereof, no witness, except the person who is accused and
on trial, shall be excused from answering any question or producing
any book, paper or other thing on the ground or claim that his answer,
or the thing produced or to be produced, by him may tend to incriminate
or degrade him, or render him liable to a penalty, but his answer, or the
thing produced by him, shall not be used in any proceeding against him,
except in a prosecution for perjury in so testifying.