1876,] OF THE SENATE. 799

The memorialists, however, while engaged in this proceed-
ing, have prayed the Senate to appoint a Committee to in-
quire into the truth of the allegations of their respective
memorials, with power to hold its sessions in the City of Bal-
timore, and there to take testimony in addition to that taken
under the provisions of the Code, to which allusion has
already been made.

Under Article 3, Section 19, of the Constitution of this
State, it is provided that each House shall be judge of the
qualifications and elections of its members as prescribed by
the Constitution and Laws of this State.

It is not necessary that your Committee should express
any opinion upon the point, whether it is competent for the
Legislature to abridge by any law. the Constitutional power
of the Senate to judge of the qualifications and elections of
its own Members. It is quite certain that the Legislature
has power to provide by law for taking testimony in such
eases, and that, as a general rule, the Senate ought to con-
sider only such testimony as has been taken in the manner
prescribed by the General Laws of the State, regulating the
taking of testimony when a seat in the Senate is contested.

The provisions made by Article 85, of the Code, Sections
52 to 66, both included, affords the amplest means of inquiry
to any candidate who desires to bring the facts, of any elec-
tion to the consideration of the Senate ; and these means are
as completely applicable to a case where an election sought
to be set aside as void, as they are to a case in which the seat
is actually claimed by the contestant.

For these reasons, your Committee is of the opinion that
the request of the memorialists for the appointment of a Com-
mittee of the Senate, which shall have power to take testi-
mony, and to consider evidence taken in a different manner
from that prescribed by the Code, ought not to be granted.

In so far as these memorials present any claim to contest
the seats of the said J. H. Cooper and Eugene T. Joyce,
they are wholly unsupported by any evidence.

Your Committee, therefore, ask to be discharged from
their further consideration, and report the following resolu-
tion for the action of the Senate.

Resolved, That John H. Cooper is duly entitled to his
seat as a Senator from the First Legislative District of Balti-
more city, and that Eugene T. Joyce is duly entitled to his
seat as a Senator from the Third Legislative District of Bal-
timore city.

By order of the Committee,

A. P. GORMAN,

Chairman.