Munroe v. Wells

Citations

• 83 Md. 505
• 35 A. 142
• 1896 Md. LEXIS 80

Syllabus

<p>Elections and Voters— Vacancy in Office of Supervisor of Election— Repeal of Election Law—Order of House of Delegates for Special Election When No Machinery Exists for Enforcing the Same.</p> <p>The Act of 1896, ch. 202, repealing the existing election laws and providing a new system, went into effect on April 2, 1896. By that act supervisors of election previously appointed held office as if appointed thereunder, but by Art. 2, sec. 13, of the Constitution, these supervisors could not enter upon their duties until May 1st. The House of Delegates ordered a special election to be held on April 21st for the office of Clerk of the Circuit Court for Anne Arundel County. On April 8th the Governor appointed the appellants supervisors of elections for that county to fill a supposed vacancy—the former supervisors having been legislated out of office by the Act of 1896, and the new supervisors not coming into office until May 1st, after the date fixed for the election so ordered. Held,</p> <p>1st. That there was no vacancy in the office of supervisor which the Governor was authorized to fill under the former law, for that was not in existence at the time of the appointment, and there was no vacancy under the Act of 1896, since officers had been appointed under it, although their term could not begin until May xst.</p> <p>2nd. That the special election ordered by the House of Delegates could not be held under the Act of 1896, since the registration therein provided for was not to be made until after the date of the election, nor could the same be held under the former law, since its repeal rendered it as inoperative as if it had never existed, and the registry lists, See., prepared under it could not be used.</p> <p>3rd. That the order of the House of Delegates, although in accordance with the Constitution, was not self-executing, but required affirmative legislation in order to be carried out, since the special election could not be held without registration, supervisors,