Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1865-10-26
The Registry Law.

The following letter from Attorney General
Randall to Goxernor Bradford is of interest,
as giving legal opinion on one provision cf
the Registry law, in regard to which there
has been some difference of construction:
ANNAPOLIS, October 10th, 1865.
TO his ErccAeacy, augustus W. Bradjmd,
Goeernci' of lMtyy'tnd:
Sir:-Tn compliance with your request of
to-day / have examined the act of the last
session relating to the registration of the vo-
ters of the State. in order to ascertain what
duties are thereby required to be performed
by the Registers during the last two days of
their sessions, and now proceed to give you
my opinon
These duties are set forth in that part of
the eleventh section which declares that the
Registers shall give Notice for all persons
interested to appear before them at the place
and during the hours of registration on the
Tuesday and Wednesday next preceding the
Tuesday after the first Monday of November,
to show any omission or other errors in the
said list, at which time the list of qualified
voters shall be corrected and finally closed"
Those words do hot authorize, in my opin-
ion, the Registers to hear aud admit any new
applicants for registration who had neglected
or failed to appear before them during the
section for that purpose, and thus to make
additions OF other names to the lists OF regis
tered voters-but they merely authorize
lists for the purpose of having them "corTect-
ed and finally closed " These words assume
that the lists are made, though there may be
"errors" in them-that they are closed,
though not '..fnaHy closed." The ninth Sec
tion had previously set apart days to the
Registers 'for the purpose of discharging
their duties as Officers of Registration accord
ing to the provision of this act" after which
the alphabetical list of registered voters is to
be made. printed and published before the
meeting of the Registers in these last two |
days 1t the names of other voters could be
registered on these lists during these last two
days, then the public could have no such no.
tice of their registration as this section evil
IDENTIFY intended should be furnished before
these last two days.
This view is confirmed also by the different
language used in the fourteenth section
" which does make provision for the correction
Of said lists Of qualified voters after the first
general election by the addition of the names
md persons having come to age, acquired
egal residence, been naturalized, or other
WISE" &C. This fourteenth section evidently
that new applications for regis
ration were to be entertained and other voters
registered and hence the language of this
section refers to the correction of these lists
lot of ''any omissions or other errors" but
by the addition of names and persons"
hereto This duty of correcting the errors
II these lists Also it appears to me, authorize
he Registers to strike off from these printed
nd published lists during the last two ses- I
ions the names of any persous who may then
ppear to have been illegally registered as I
ualiIed voters. The preparation, printing
nd publishing of these lists are for the pur- t
ose of informing the public of the persons {
those names are thereon, and all persons in {
crested are notified to appear before the Re- t
listers during these last days of their session
nat the same may be corrected and the lists
the information thus elected could not be /
sed to correct the lists by the exclusion |
lcrefrom of disqualified voters. /
The duty of the Registers carefully to ex- d
ude from being registered all disqualified |
ersons is prominently set forth in the Con- q
tuition, as we'll as in this law, and these are c
le last sessions when all the information is l
opposed to be before the Registers and they b
re required to finally conclude their duties. t.
From these views, L conclude that the Re-
sters at their last two sessions have no au- h
lorty to do more than correct omissions or S
her errors in the said lists and finally close r
lem
Respectfully, am, your obedient servant.
A. RANDALL, :,
Attorney General of Mary land. :,