Samuel G. Miles v. Augustus W. Bradford, Governor
22 Md 170
CASE SUMMARY
PROCEDURAL POSTURE: Appellant voter sought review of a judgment of the Equity side of the Superior Court of Baltimore City (Maryland), which dismissed an action against
appellee governor seeking a writ of mandamus commanding the governor in ascertaining the number of votes cast at the last election, to count certain votes which were tendered and
rejected.
OVERVIEW: The governor allegedly rejected certain votes cast in an election because the voters had refused to take the oath prescribed by Md. Const. art. VII, § 8. The voter
brought an action seeking a writ of mandamus commanding the governor to count the votes that were tendered and rejected. The trial court dismissed the action, and the court affirmed.
The court reasoned that the President of the United States was invested with certain important political powers, in the exercise of which he was to use his own discretion, and was
accountable only to his country in his political character and to his own conscience. The governor bore the same relation to the state that the President did to the United States, and in the
discharge of his political duties was entitled to the same immunities, privileges and exemptions. The court held that because the acts to be done required the exercise of judgment and
discretion in the governor against whom the mandamus was prayed, the court would refuse it. The duty and power to decide the question devolved upon the governor without appeal,
over whom in that respect, the judiciary had no control or revisory power.
OUTCOME: The court affirmed the judgment of the trial court.
Appellate Court Records:
COURT OF APPEALS (Docket) Samuel G.
Miles v. Augustus W. Bradford, Governor, 1864, June Term no. 257, p. 221 [MSA S412-8, 1/66/14/39].
COURT OF APPEALS (Opinions) Samuel G.
Miles v. Augustus W. Bradford, Governor, 1864, June Term no. 257 [MSA S393-20, 1/65/12/62].
COURT OF APPEALS (Briefs) Samuel G.
Miles v. Augustus W. Bradford, Governor, 1864, June Term no. 257 [MSA S375-37, 1/64/13/6].
Trial Court Records:
BALTIMORE CITY SUPERIOR COURT
(Cases Instituted) Samuel G. Miles v. Augustus W. Bradford, Governor, 1864, p. 198, "box R no. 39" [MSA C1497-14, 2/16/10/72].
BALTIMORE CITY SUPERIOR COURT
(Civil Court Papers) Samuel G. Miles v. Augustus W. Bradford, Governor, 1864, box no. 21, "box R no. 39" [MSA T591-68,
2/19/8/30].
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