The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-10-04
BY THE PRECIN CT SYSTEM AND THE
NEW DIVISION OF THE WARDS.

at the close of his opinion from the Legislature,
applicable to the subject, will be found, we think
to embrace all the cases that arise, in which
the question of voting-residence is involved.
OPINION.
The wards of the city having been re-distributed,
by recent ordinance of the Mayor and City Coun-
ell and the Board of Police having divided the
newly created wards into election precincts, as
quired by law my opinion is asked in substance. by
the Board, as to the length and character OF the
residence upon which, in view OF these changes the
right to vote in the several precincts will depend,
at the approaching municipal election. am FUR
Their requested to indicate the general principles
which, in my opinion, should govern the Judges OF
election, in deciding the various questions as to
legal residence, which are likely to arise before
them.
The 18th section of the 4th article of the Code
of Public Local Laws relating to the election of
members of the First Branch of the City Council of
Baltimore, provides that 'no person shall be en-
titled to vote for any but the member for the acard
Of chich he Is resident" Assuming this clause to APP
ply to members of the Second Branch likewise, and
that persons voting for Mayor are required to vote
at the places at which they deposit their bal
lots for Councmen, it would follow, if there were
nothing more to be considered, that every man,
| titled by residence in the city to vote for NUM-
| cipa officers, must vote in the ward in which he
may actually reside at the time. The list article
of the Constitution, however, in its LIST section, de-
inityely regulates the meaning of the term ''resi
dence," in certain cases, applied to the place of
exercising the elective franchise. This regulation,
soon after the adoption of the Constitution, was
construed by the most eminent professional author
ity, to apply to the election of officers of the
poration of Baltimore" The published opinion
of Messrs. johnson and Nelson, upon the subject,
bearing date October 1lth 1852, has been accepted
and acted upon, since, the controlling inter
probation of the constitutional provision in question.
Under that opinion, it has been uniformly held,
that sin the election of officers of the corporation
of Baltimore, a six months residence of the person
offering to vote, in theward in which such offer is
made, is an indispensable qualification to authorize
such person to vote; and that in every case in which
a legal residence has been acquired in one ward,
and the person offering to vote has removed into
another his right to vote is restricted to the ward
from which he has removed" | assume this, there
fore, to be the law of the case, and that the ward
in which the Code requires the voter to be "resi
dent" is consequently to be understood as the ward
in which the Constitution gives him a voting Crest
dence either because he has actually resided there
for the six months next preceding the election, or
because, having once actually resided there for six
months, he has not lost his vote there by subse-
auent six months residence elsewhere. Treating
this rule settled, it must of course, as a consti-
tutional rule, be Independent of all legislative
troll err alteration The re-division of the wards,
and the adoption of the precinct system, may per-
haps embarrass the judges of election in applying
it, but cannot in any way affect its applicability
have been intended to do so.
| The power of re dividing the city, which the May
or and City Council have lately exercised is given
'"N ~, 80 'AS'N - WV "'i'N A1'N'''
| Laws, which is in these Words
'The city of Baltimore is divided into twenty
wards, according to their present bounds and lin
Its, and 1t shall be the duty OF the corporation to
correct the divisions, from time to time, so to
preserve, as accurately as may be, an equal num-
Der of inhabitants in each ward"
The election law OF the last session CISCO, CHI. 81
contemplated the possible exercise, by the Mayor
and City Council, of the power of re-division thus
granted After having, by its LIST section, author
lzed the distribution OF the then existing WARDS into
Young preelnctS' IL proceeGed, DY It's oth secuon,
TO ulrect tnat tbe 'oatu OF f0ice IN case OF any
change IN tne NUMBER OF locallty OF the "aros'
snouid distribute the same INTO equal precincts, &C.
IL men, py It's oth section, enacted as follows
:. A,teI lhe IlaklhS vi sucn several DIVISIONS or
olstrloutions INTO precincts the votes OF the cti-
Zens entitled by law to vote IN any ward OF the
city OF Baltimore, shall be given and received only
at the place OF voting OF the precinct an '0hich they
shdH reside at the time Of such rot'ng or an 'chich
they may hare last resided, precious to their remoUd
from the sad toord, they hare so remOred and hare
nor acg"'rea a tegat residence etseaohere
Ply the Z9Ch secuon Oh the same law an It's pro-
fisioho are indue "pPcaoie 70 uniCiPai lis wen as
other eIcc.lons' ana taxing TINS, ana the whole oil
the Proelslohs Wnlcn l nave clteu, together, as
Par.s OF one genera system IL Is manifest that the
Legislature intehueu' as tney were pouno, TO re,
sPecI anu enoice 'he cpnSututiona RUE referred
10, in All eiections Ill ballhore as well IN con-
hec,ion Win any new olVlslon OF the wards, as
WIN the uVisioh eSlstlng Wheh the election law
was Passeu. Guy exception aioWeu IN the case OF
VI tne "aius wouiu nave peeh piaihy
oi the cohStiiutlonal reputation IN ques-
.,o, a hs ~ MoGiu SUBSTANTIALLY nave given
49,; 90 wy oouHcii Tue power OF deter-
donoas of Iar,o u % sh :ue so'ing resi-
~ la Vi tne cl'Iehs, without
III t az " .e "a: iotioha VI inc CONSTITUTION,
.,,o i'o'' ''tei "'io" u NUMBERS anu
IT. aI;h;1:.. e a, .
70 tho odr;r aIaoi{;" W 'l rue, .nen,
w 49, - :aa.t, :i' III my JUL menu,
necessary anu ihGphtro'erIloie result OF tne con-
.on "non ieinais IS III 10 Tue mode OF lts
apPnGa'l,Gn: ABOUT tniS tneTe couid arise no sup
Posaoie e,,ncuty, puI ior the iact that the redl-
'!sloG vi ihe "arus mas peeh inaue at so late pc
llo1 i III duNah VI the eiecLioh: IL IL had Deen
idao 81, Tue Tue rule Oh res
o;i - "a a. "a PPsuI 70 .lie ne" "Ius
sptanoas h "on .bn g u =; 1 M s ~
@ ~ - ~ VIC 10 on ny "n aPP.eh'
49, a.i I'm " sn1s u,y y I;:.;, ftt 5 ianoI ,
L; c;d H. ;t 80 ~ n 49, .Ie 20? uUt
IStb ~ tbe rosen h;n t;n u' Tue
y. .uo p ee "a VIZ. 'inie, o1i
se?uenty' none Vi the new "arus existed us SUCH
- Ne ooo r"us enrS no WI eau nave peel,
a. ~ oos' w " os IN VI '.n5 oi r ~
mortbS And ,ot - - .ool, nbrfions tbot eli
Hotars who sbolI boro hna fa;Sonts of tho S.
for tba trolI,o r,nntbs od of ~ o;t f t ~ ~;
1911, 49,, ,,nao,I;r,. ~ oi,a,;o y ;I 80
day he entitlad 70 yofs onmaubora IN tba o;t "a
mist consaonentIv hora hod oomawhero :, d III
city n yotinT roc;dance If CIV nnontbs A. th;s
rofng residence cannot he determined bv rafnronco
10 hair ntt1a1 IN dc
IL a;S 80 - Jo 81; $3.50 - LeSs
tha ien o Iac nonosssr;I, fo,Ina
w 80 u ~ - . ~
~ ~ , "uu T" ,h;ob ,,I ie1en e
80 ~ y; a,;,anoa M Ia a;;; .ne
- hos naosod ~ eT;s+ n,,st thororoua
nr;,ar;on of oonsitnt;ana 'He
tba naI- dn;.inn Tmhiob o. Iat:a untii
nt h. nristod W. , ne s;h ua{ wiz
ot LAY Ill lons enougn " !urnisn sucs cll
Ie'iou snai na'e sroMn sulolehtly ou 10 20 so.
LII t' he t1e qugs. p vi Sotng reseence
ao;ao1, - un sne lapsg vi SIX nontns'
90 - ~ " aius nu peeu lhaue'
o.t qro,t ~ o1 ny 'le lact Vi ioca,
vi present., anu upo py tae present OF FORMER
ocaiitr shall nov ho or shaII ane %
aJont;rrr tb;s ,;,n;, VI on faUy Law peen'
10y vs. oiis p anu oioMlng 'le Prov
an;a. ,h; H. D VI I e.eStlpn la"' rs 10
r. tbn ;n,n u. nJ ~ IN u tiia' 'he wnoe
-; III III Al W 'i1 eectioh,
" Jone me Tue nCnor 10 present loT
10y +. +, . oiu ni' are ieglatey covered
IF tbo 1otar - oo," tho Ia 49, W. 81 A.
.a. III IA 'asI g.: 1ne oiu ulFlsioh vi tne
,IS , nau Ionlueu ul'il 'ne Jay Oh eectlon,
yoto IN tbo oIaot;nn nr,o;o ~ ~ III, ~ HI - w,
side on election day. no matter to what new ward
such precinct may belong.