Price v. Collins

Burke, J., delivered the opinion of the Court. The appeal in this case was taken by the plaintiff from an order of the Circuit Court for Worcester County. The ease was heard in the lower Court upon a general demurrer to the bill. The demurrer was sustained, an injunction previously issued was dissolved, and the bill dismissed, with costs to the defendant.

The object of the bill was to obtain an injunction restraining Oliver D. Collins, the clerk of the Circuit Court for Worcester County, from swearing in John H. Truitt, who had been appointed by the Governor one of the supervisors of election for Worcester County in the place and stead of the appellant, and to enjoin Truitt from taking the oath of office as such supervisor, and from signing the offical test hook. The facts stated in the bill and admitted by the demurrer are: That the plaintiff is a duly-commissioned and qualified supervisor of elections for Worcester County, and has been exercising the functions of supervisor of elections for that county since the" 10th of May, 1910, and is now exercising the ¹¹¹ functions and performing the duties of said office; that the Governor of Maryland, notwithstanding the fact that the plaintiff is a duly constituted, commissioned and qualified supervisor of elections, as aforesaid, and that his term of office has not yet expired, nor has he resigned, or been removed therefrom, has issued to John H. Truitt, of Worcester County, a paper purporting to be a commission attempting to appoint him to be a supervisor of elections for that county in the place of the plaintiff, alleging a vacancy; that, as a matter of fact, no vacancy exists, and that the attempted appointment of said Truitt, in the place of the plaintiff, is a nullity and without authority of law; that the alleged commission is now in the hands of Oliver D. Collins, clerk of the Circuit Court for Worcester County, and that said Collins is about to administer to Truitt an oath of office as such supervisor of elections under the alleged authority purporting to be evidenced by such alleged commission, and that if such oath is administered the public service will be greatly obstructed and delayed, and a cloud thrown over the legality of the performance of the public duties of the plaintiff, and over the performance of the duties of the Board of Supervisors of Elections for Worcester County. The question is, assuming the truth of the facts stated, has a Court of equity in this. State jurisdiction .to grant the relief prayed?

Eeither in the brief nor in the oral argument of counsel for appellant in this Court was any case cited in support of this jurisdiction. If John H. Truitt were constitutionally appointed he was not only entitled to take the oath of office before the clerk, but he was entitled to succeed the appellant as supervisor of elections for Worcester County. The Court must, of necessity, pass upon the validity of the appointment before the relief prayed for could be granted, and this necessarily involves an inquiry into the plaintiff’s right to the office. Eow, it is settled by the practically unanimous current of authority that a Court of equity has no ¹¹² jurisdiction to try the title to an office, or to determine the validity of an appointment made by the executive department of the government.

The plaintiff is in the