Mayor of Landover Hills v. Brandt

Henderson, J., 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 thereto, 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 the argument, though not presented in the briefs. The petition for recount was filed in equity.

The answer did not 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 cases of contested elections of any of the officers not provided for in the Constitution, or in the preceding section shall 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.” Code (1947 Suppl.), Article 33, Section 108. It has been held that this section does not confer jurisdiction in equity. Hamilton v. Carroll, 82 Md. 326, 338 , 33 A. 648 .

Nor would equity have inherent jurisdiction in the absence of fraud, or arbitrary or illegal action. Cf. Hammond v. Love, 187 Md. 138, 144 , 49 A. 2d 75 . However, the case could have been removed from equity ¹⁰⁸ to law, Code, Article 75, Section 124, and heard before the same judge.

Under the circumstances we are constrained to pass on the merits of the case without remanding it. Cf. Burns v. Bines, 189 Md. 157, 164 , 55 A. 2d 487 , 57 A. 2d 188 . A question was also raised as to the right to court review.

Sections 108 and 109, Article 33 of the Code (1947 Suppl.) cover all cases of contested elections and provide for appeal 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, incorporating 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 the 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