2. ] OF THE SENATE. 325

REPORT:

FEBRUARY 19, 1892.
To the Senate of Maryland:

The Committee on Elections of the Senate, to which
was referred the memorial and papers relating to the
contested election case of Samuel R. Bird against
Joseph F. Talbott, the latter being the sitting member
of the Senate from Calvert county, who was returned
as elected by the Governor, would respectfully submit
this their report.

The committee after reading and considering all the
testimony submitted by both sides, and after hearing
the arguments of counsel for both, contestant and
contestee, has reached the following decision, which,
with the reasons for the same are herewith submitted
to the Senate.

Jurisdiction.

The Senate of Maryland in the matter of a contest
relating to a seat in its own body has had conferred on
it by the Constitution of Maryland, the sole power to
judge of the election of its own members. The Con-
stitution, in Article 3, section 19, provides as follows
"Each House shall be judge of the qualification and
election of its members, as prescribed by the Consti-
tution and Laws of the State. " The members of the
committee in deciding the issues involved in because
submitted to them, have endeavored therefore to act
judicially, and have taken as their only guide on the
important questions involved as to the election of a
Senator from Calvert county, on the 3rd November,
1891, the law (as prescribed by the Constitution and
Laws of the State) relating to elections.

Facts

The facts involved in the case which are necessary
to be found in order to apply the law, are but few
and it may be said undisputed by either side These
facts are as follows: The contestant, Bird, was the Re-
publican candidate for the Senate of Maryland from
Calvert county at the election held on the 3rd of
November, 1891, the sitting member and contestee,
Joseph F. Talbott, was the Democratic candidate for
same office at same election. Calvert county is divided
into three Election Districts designated First, Second