Anderson v. Levely

Rori.nson, J., delivered the opinion of the Court. The question in this appeal is whether the Circuit Court for Anne Arundel County, has jurisdiction to decide a contest in regard to the election of sheriff for that county. The question is a plain one, and to our minds free of difficulty. The Constitution of 1851, directed that the Legislature should make provision for all cases of contested election not provided for by that instrument.

In pursuance of this provision of the Constitution, the Act of 1853, oh. 244, now secs. 53 and 54, Art. 35 of the Code, provided “that such cases of contested election should be decided by the Judges of the several Circuit Courts, each in his respective circuit, and by the Superior Court of Baltimore City, in the City of Baltimore,” and that each J udge of the Circuit Court and of the Superior Court, should adopt such mode of proceeding, and “prescribe such rules for taking testimony and adjudging costs as to him shall seem most satisfactory and least expensive.” ²⁰² It was not the purpose of the Legislature as was argued by the appellant, to create a separate and independent tribunal for the purpose of deciding election contests; but to confer upon an already existing judicial tribunal, special and exclusive jtvrisdiction in such cases. When the Act of 1853 was passed, there was only one Judge for each circuit, and the jurisdiction conferred was upon the several Circuit Courts over which the circuit Judges presided. This is obvious- from the provision in regard to the Superior Court of