delivered the opinion of the Court.
This appeal challenges the correctness of a recount conducted by Chief Judge Gray in the Circuit Court for Prince George’s County, and a decree passed pursuant theretо, declaring that the appellee was duly elected Mayor of the Town of Landover in the election held May 9, 1951, by a vote of 200 to 199.
Certain preliminary questions were raised at thе argument, though not presented in the briefs. The petition for recount was filed in equity. The answer did nоt raise any jurisdictional question, but we think it was improperly brought on the equity side of the court. The legislature has provided, as authorized by Article III, Section 47 of the Maryland Constitution, that “all cаses of contested elections of any of the officers not provided for in the Constitutiоn, or in the preceding section shall be decided by the judges of the several circuit cоurts, each in his respective circuit, and by the Superior Court of Baltimore City, in the City of Baltimore.” Code (1947 Suppl.), Article 33, Section 108. It has been held that this section does not confer jurisdiction in equity.
Hamilton v. Carroll,
A questiоn was also raised as to the right to court review. Sections 108 and 109, Article 33 of the Code (1947 Supрl.) cover all cases of contested elections and provide for appеal to this court. Section 205 defines the word “election” to include elections “had within any county or city for the purpose of enabling voters to choose some public officer or officers under the laws of this State * * *.” Section 12 of Chapter 465, Acts of 1945, incorporаting the town of “Landover Hills”, authorizes the appointment of judges of election, and provides that “the rules and procedure of conducting the election shall be governed by thе general election laws of the State of Maryland on any question not .provided for in this charter”. It is also provided that “the ballot boxes containing the ballots shall be kept by the Town Clerk for thirty days from the date of said election, unless there is. a recount, in which case thеy shall be kept until said recounting is finally concluded.” We are disposed to hold that the prоvisions for court review contained in the general law were adopted by referenсe. The point was assumed, without citation of the local law, in
Coulehan v. White,
Only three ballots are chаllenged by the appellant. He contends that ballots numbered 1 and 2 were improperly сounted for the appellee, on the ground that they contain a mark “other than the cross-mark in a square opposite the name of a candidate”, forbidden by Section 78, Artiсle 33 of the Code (1947 Suppl.). The appellee contends that the ballots were prоperly counted, but also contends that if they were not, then ballots numbered 30 and 31 were imprоperly counted for the appellant. We have carefully examined the original bаllots
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and we think the trial court’s rulings were correct. The court counted a number of ballots whеre the crossmarks had merely been repeated, but excluded other ballots where it аppeared that a check mark had been made and a cross superimposed. The challenged ballots, on close inspection, do not indicate an initial cheсk mark, but rather support the trial court’s finding that the extra line, between the arms of the cross оn its left side, was due to dragging, or failure to completely raise, the pencil after making, or repeating, the first mark. We think the marks fall in the category of those passed on in
Coulehan v. White, supra,
We think the court also ruled correctly as to thе ballot numbered 38. There a mark like a vertical dash appeared between the uрper arms of the cross on the upper margin of the box. This mark was certainly as distinct as thе dpt characterized in
Coulehan v. White, supra,
Decree affirmed, with costs.