57 Md. 327 | Md. | 1881
delivered the opinion of the Court.
The appellant was indicted for a violation of the provisions of the Act of 1880, ch. 82. That Act is entitled, “ An Act to enable the qualified voters of Prince George’s County, to determine by ballot, whether spirituous or fermented liquors or alcoholic bitters shall be sold in said county.” The first section of the law provides for the submission of the question, to the registered voters of the county, on the 27th of April, 1880, and directs that the election “ shall be held.in accordance with the law governing general elections in this State; ” and further directs how, and what notice thereof the sheriff of the county shall give. The second section directs the form of the ballots, and says: “ the ballots so cast, shall be carefully counted by the judges of said election, and that said judges shall make a return of said votes to the cleric of the Circuit Court for Prince George’s County; and said clerk shall immediately make proclamation of the result of said election.”
The third section of the law declares, that if it shall be found by said returns of the judges of election, and proclamation of the clerk of the Circuit Court for said county, that a majority of the votes in said county has been cast against the sale of spirituous or fermented liquors or alcoholic bitters, that then it shall not be lawful for any person or persons, or body corporate, to sell spirituous or fermented liquors or alcoholic bitters in said county, from and after the first day of May, 1880.” The fourth section fixes the penalty.
It is conceded, that the case of Fell vs. The State, 42 Md., 83, establishes the validity of this law, if the same has been properly voted on, and accepted by the voters of Prince George’s County, to whom it was to be submitted ; but the appellant contends, that it has been cer
We think there was no error in any of the rulings certified in the several exceptions. In order to show that the legal formalities, required to he observed before the law should become operative, had heen observed, as the statute required, the State offered evidence to prove that there had heen an election; that the judges thereof had counted the votes and made return to the clerk of the Circuit Court; and that the clerk had properly proclaimed that result.
Having already offered the returns of the judges, whereby it appeared that the election had resulted in favor of the law ; the State offered the clerk’s proclamation. This was competent' evidence, and the Court properly admitted it. It purported to be a copy, but it was proved to he the original, and how it appeared to be certified as a copy, was duly explained. It may have contained more than was necessary; hut it did faithfully certify the result as certified by the canvassers, the judges of election, and if given to the public as the law required, it was a compliance with the statute.. To prove that the public was, hy published proclamation, informed of the result of the election, and that the law had become operative, copies of
The traverser, in support of his plea of not guilty, desired to show that the law had not been duly accepted by the qualified voters of the county, and was not in force; and offered to prove, (by way of showing fatal irregularity in the election,) by the sheriff, that notice of the election was not posted in one or more districts; and that the poll-books of one district were not delivered at the polls of that district until one o’clock, in the afternoon of that day; and that voting, in that district, did not begin until that hour.
The Court rejected the testimony, and the correctness of the Court’s ruling is presented by this third and last exception. This ruling also was clearly right. “ Where the question arises collaterally, and not in a direct proceeding to try the title to the office, the correctness of the decision of the canvassers cannot be called in question, but must be conclusively presumed to be correct.” This is a quotation from Mr. Cooley’s work on Constitutional Limitations, 624; and the same doctrine is stated in Mc-Creary on Elections, sec. 219. This is not a case of ordinary election, between rival candidates, each of whom claims to have been elected to the office sought by them; but the same rule must be applied, and for obvious reasons.
The State is prosecuting the appellant for alleged violation of one of its laws. The law was “ perfect ” so soon as it received the approval of the Governor, notwithstanding its operation was deferred to a particular day in the future, and was made to depend upon the will of the people, to be ascertained in a way, and at a time desig
Appeal dismissed.