|
|
|
|
|
|
|
1876.] OF THE HOUSE OF DELEGATES, 1337
things Execute the office of Judge of the paid election, accord-
ing to the. best of my knowledge, without favor or partiality,
so help me God."—(Act of 1867, chap. 374 )
"10. Every Clerk, before he enters any vote on the poll-
books, shall take the following oath, to wit :
"I, A. B., do swear that I will well and faithfully, with-
out favor, affection or partiality, execute the office of Clerk of
the election now to be held, according to the best of my
knowledge, so help me God."
"11. The several Judges may administer the said oath to
each other, or take the same before a Justice of the Peace, and
the Clerks may either he sworn by one of the Judges or be-
fore a Justice of the Peace, and a certificate of every such
oath, signed by the person administering the same respec-
tively, shall be annexed to the poll-'books."
"Section 213 of Article 4, Public Local Laws of the City
of Baltimore, as amended and re-enactde by the Act of 1868,
chapter 377, and now in force, provides, that in the City of
Baltimore every Judge of Election, before he proceeds to act
as such, shall take the oath contained in Section 9 of Article
35 of Public General Laws, and every Clerk, before he enters
any vote on the poll book, shall take the oath contained in
Section 10 of said Article; and in addition thereto, that the
said Judges and Clerks respectively, shall likewise make oath
or affirmation well and faithfully to discharge the duties by
this Article, (Article 4, Public Local Laws,) imposed on
them respectively, or which may be assigned to them re-
spectively, during their official term by law."
The Public Local Law of the City of Baltimore formerly
provided in Section 213, (see Act of 1867, chapter 141,) that
these oaths of Judges and Clerks of Election should be ad-
ministered by the Board of Police, or in case of exigency, by
a Justice of the Peace ; and in either case the same should be
certified and recorded among the proceedings of the Board
But these provisions have been repealed by the above recited
Act of 1868, chapter 377, and the Public General Law, Article
35, Section 11, hereinbefore quoted, governs the subject.
From the foregoing it then appears conclusively beyond the
shadow of a doubt.
First. That the official oath required by law was not ad-
ministered to any of the Judges or Clerks of the election in
this city.
Second. That the oath which was administered to them
was administered by a person entirely without any authority
to do so.
Third. That the returns themselves show on their face the
|
|
|
|
|
|
|
|
 |
