1904.] OF THE HOUSE OF DELEGATES. 1167

very large majorities to submit to very small minori-
ties as an ineligible person may receive and in many
cases, has received a great majority of the votes, it is
enough in such a case to hold the election void.

This question was elaborately discussed and settled
so far as the Senate of the United States is concerned
in the case of Jos. C. Abbott of North Carolina; the
decision in that case was against the adoption of the
English rule in this country and Abbott, who received
a minority and though the only eligible person was de-
clared not- elected, the committee deciding that the
fact, that ttie voters had notice of the ineligibility
makes no difference. The broad doctrine was asserted
that in this country, an election by a minority of the
persons is not to be tolerated under any circumstances.

In spite of these strong arguments and decisions,
however, and in the face of the fact that all the States
of this country, save Illinois and Indiana, where the
question has arisen, have refused to adopt the English
rule, the Senate of Maryland in the contested election
case of Holton vs. Mackiin in 1865, just after the war,
declared in favor of it, alleging that Mr. Mackiin had
given aid, support, etc., to the enemies of the United
States, which fact was of public notoriety, that his
sentiments and expressions of disloyalty were of
sufficient frequency and notoriety and of such a nature
as to involve the legal presumption of knowledge on
the part of the electors.

Again, in an opinion by Judge Page in the case of
Murdock vs. Strange recently decided by our Court of
Appeals, the Court declares—that—if the ballot con-
tains the uame of a man who is known to the voter to
be ineligible, the ballot cannot be counted because
the object of the ballot then would be not to elect, but
to prevent an election, hence it will be seen that the
tendency has been to adopt the English Rule in Mary-
land, though we do not mean to say that it has been
adopted or that it would be adopted if brought directly
before the court for decision, nor do we believe it
necessary to determine at this time, as to whether or
not the English Rule is in force in this State, because,
though we might assume it to be in force in Maryland,