1168 JOURNAL OF PROCEEDINGS [Mar. 22

Mr. Edelen has not made out a case which would en-
title him to the seat in this House. Under the rule
adopted almost unanimously in this Country no mi-
nority candidate can be declared elected, and under
the English Rule, knowledge by the electors of the
ineligibility of the majority candidate, or that it was
a notorious fact is absolutely necessary and must be
proved. In the present case, there is not one scintilla
of evidence to show that the people who voted for Mr.
Smoot knew of his ineligibility or that it was a noto-
rious fact; on the contrary, he was allowed- to remain
on the registration books, without being noted or
stricken off, and his supporters and electors had every
reason to believe that he was eligible in the absence
of statements to the contrary.

We have, therefore, determined that Mr. Edelen is
not entitled to the seat made vacant by the ineligi-
bility of Mr. Smoot, and recommend the following:

1. That James deB. Walbach was duly elected as a
delegate from Charles county, and being eligible as
such delegate, is entitled to a seat in this body.

2. That Hungerford Smoot, though returned as
elected as a delegate from Charles county, being in-
eligible, is not entitled to a seat in this body.

53. That Benj. M. Edelen, Jr , who received a ma-
jority of the votes of the minority candidate is not
' entitled to the seat made vacant by the ineligibility of
Mr. Smoot.

Respectfully submitted,

J. CHAS. LINTHICUM,
Chairman Committee on Elections.
Which

Upon motion

Was made the Special Order for March 29, 1904,
at 1 p. m.

Mr. Smith, from Committee on Elections, submitted
the following minority report in the contested election
case in Charles county.