800 JOURNAL OF PROCEEDINGS [Mar. 28,

Which was read and adopted by yeas and nays as follows :

AFFIRMATIVE.

Messrs. President, Humphreys,
Aydelotte, Knight,
Bannon, Lee,
Brewer, Lawrence,
Dennis, Lloyd,
Freeman, McCulloh,
Ford, Phelps,
Getty, Stevens,
Gorman, Suit,
Hepbron, Walsh—20.
NEGATIVE.

Messrs. Mudd, Steiner—3.
Newcomer,

Also, by Mr. Gorman from same Committee, the follow-
ing

REPORT AND RESOLUTIONS.

In the matter of the contested election of the Senator from
St. Mary's county, your Committee reports :

That the votes in the 2nd Election District in said county,
when counted at the close of the poll, gave, taken in connec-
tion with the votes from other districts of said county, a ma-
jority to Mr. Lawrence, who has been admitted to the seat.

The Return Judge in said district, thoughtlessly permitted
the box containing the ballots, to pass into the custody of
another person beiore delivering it to the Clerk of the Cir-
cuit Court.

Upon a subsequent recount of the ballots in the box, a dif-
ferent result appeared from that indicated by the count made
by the Judges of election at the close of the poll.

It was the duty of the Return Judge to keep the box con-
taining the ballots in his personal custody until it was re-
turned to the Clerk of the Circuit Court for St. Mary's
county. He omitted to perform this duty, and although your
Committee is of the opinion that a count of the ballots, after
the box containing them has been placed in the custody of a
person not authorized to hare charge of it, does not necessa-
rily invalidate the vole of the election district, (Cushing on
Legislative Assemblys, Sec. 203,) yet if such count differs
from a prior count made while the box remained in the con-
tinous custody of the proper officers, it is the safer rule to
adhere to the count first made.

For this reason desiring to establish a safe rule and prece-
dent in such cases, your Committee is of the opinion that the
Senator from St. Mary's county ought to retain his seat.