610 JOURNAL OF PROCEEDINGS [Mar. 8,

But it is not necessary to go beyond the limits of
our own State for a proper judicial construction of
the Maryland statute, upon the contested questions
in this case.

The Circuit Court for Calvert county, after a full
hearing of these very questions in the contested elec-
tion case of the Sheriff, the State's Attorney and
County Commissioners of Calvert county, in which
the contention of the contestee was presented and
argued by a lawyer of no meaner ability than the
presentable and astute Attorney General of Mary-
land, has held that these ballots so altered were
official and legal ballots, and were cast at an election
held by legally qualified officers.

The second question must therefore be answered in
the affirmative also.

Any other construction of the statute would defeat
and nullify the provision in Article 7 of the Declara-
tion of Rights of this State, that "every male citizen
having the qualifications prescribed by the Constitu-
tion, ought to have the right of suffrage, " and thus
lay the law open to a constitutional objection.

It would be prudent, therefore, for the Senate to
hesitate before it makes a solemn and official declara-
tion, that under a proper construction of the Act of
1890, the Supervisors of Election for any county in the
State may, by their own neglect or design, fail to fur-
nish official ballots at a certain polling place, that in
such event the Judges of Election may refuse to hold
an election, and thus deprive the citizen of the sacred
right of suffrage, which is guaranteed him by the Con-
stitution and laws, and the free and full exercise of
which is the bed-rock of all free government.

Such a declaration is an admission that the "Aus-
tralian Ballot Law, " passed in 1890, is a failure, in
that under its provision it is possible for a voter to be
deprived of his right to vote, through no fault of his
own, but through an inherent defect in the law of
which the Boards of Supervisors and Judge of Elec-
tion throughout the State can take advantage with
impunity.

It will serve notice on such officers that whenever
they desire to defeat an election in a certain district