Civilian & telegraph. [volume] (Cumberland, Md.) 1859-1875, 1865-07-27

lay, and nave, as you Tequesteu' eA"hItpeu
,our letter addressed to 4. L. Parker. ESD,
enclosed to me, containing your views on GER
ain points suggested by the Officers of Regis
ration Of Voters. and take pleasure in stat
ng that fully concur in those views, and
nope they may be published.
AS they explain ali the questions of diff
GUILTY that have occurred to me | deem it un-
necessary to make any addition as you had
invited me to do.
This publication will be gratifying to me
because l have felt it to be my duty to decline
giving official opinions on these subjects to
many who requested them.
With great respect, l am,
Your obcdient servant,
A. RANDALL,
Attorney General of Maryland.
The Governors Opinion
SrIrR or MARYLAND. Executive DEPARTMENT.
ANNAPOLIS, July goth, 1865.
To E. L. PARKER, Esq,
One Of the Officers of Regtstratton for BAL
timore County: i
Dear Sir-In personal interview had
with you short time since. promised, II
could command the time. to write to you in
regard to several suggestions you made touch
ing the proper execution of the act for Reg
istration of Voters, and as have since re-
ceived applications from various parts OF the
State raising other questions and soliciting IN
formation or advice, have concluded to en-
brace in this letter the subjects of all such
inquiries, and others occurring to me as likely
to arise in the proper execution of the duties
of the &C officers. In doing so it will be IN
derstood that claim no right to put any nu'
thoritatve construction upon the Constitution
or act of Registration, but merely to express,
in obedience to frequent requests to that effect
an opinion upon the several questions sug-
gested.
The first point of inquiry relates to the or.
ganization Of the Boards of Registration, and
the question is frequently asked whether these
Boards have right to appoint clerk.
There is no express authority for the APP
pontment of such officers in the Registration
act; but looking to the character of the duties
to be performed consider that their proper
execution requires the assistance of clerk to
each Board. To say nothing of the various
entries to be made IN the registration record
the time of the application for registry and
whilst the Registers are engaged in an exam
ination of the applicant they are required be-
tween the third Wednesday in September and
the second Saturday in October 80 to make or
or cause to be NUDE" an aph lbctical list of all
the persons registered, to publish that list in
handblls and newspapers, aud notify persons
to attend to point out errors therein, and al
ter making all proper corrections. two fair
copies are to be made out, one for the Clerks
Office and one for the Judges of Election and
in the city of Baltimore, in addition TO these
corrected lists are to be still further subdivi.
ded and distributed, by making out of the en-
tire list for the ward, list of the registered
voters for each of its precincts. 1t is dill
cult to believe that the act design ted tha
these various clerical duties should be per
formed by the O.6cers of Registration without
assistance and therefore conclude that Tho
appointment of clerk being necessary to thu
proper execution of the law each Board O
Registration has the implied power to appon
one, and that he would be entitled to compen
sation to be provided in the same manner, a
that for the Officers of Registration.
The same may be said in regard to the pro-
curement of place for the meeting of tn
Board it would undoubtedly have the RICH
to engage such place at a reasonable rate c
, compensation to be provided by the county au
thorities
Among the questions to which my atter
ton has been called, is one touching the char
acter and extent of the duties required by tn
9th section of the Registration act. BY tina
section the Officers of Registration are re9uil
ed to ascertain and register the names I
every white male person." &c, and from til
tenor of this language some have supposed
to be the duty Of these officers to ascertain til
n name of every qualified voter in their dis,ric
q and to register him whether he applies in pc
son to be so registered or not aud it has bee
argued in favor of srch construction, that
1t this were not SO, many persons known to the
officers as qualified voters might lose the
right Of suffrage. Such is not my constru
" ton of this section 1t would in the fir
place be dangerous practice, and mig
lead to gross abuses if il were made the du
|, of the registers, or they had the right to Ell
ter among the qualified voters, those that the
might happen to recollect as such, and
l. might make the registration of the voter d
, pend chiefly upon the memory of the Office
The first section of the act declares it to
% the duty of the Officers Of Registration to re,
lister the names of all free white male person
claiming and entitled to the right of elect
franchise" and the necessity for the appca
y ance Of the voter before the Board is still fu
'e thcr shown by the fifth section above referr
u to 10 the lines Immediately succeeding tho
; quoted. where these officers are required, b
l. fore entering the name of such persons in Il
column Of qualified voters, to administer
'. such person the oath of allegiance us presc
= bed BY the 4tb section of article Of the Co
b stitution." &c.--which manifestly can not
done unless the party to whom they are
= administer this oath is present before ther
- 1t has been supposed that an absent vol
- might be registered. because the language
J. the act employed both in the LIST and 9Th sc
tons is, ''persons resident in or temporar
Id absent from their wards or election district
but think these words or temporarily a
u sent from. &C., were not meant to allow the Z
a GERS of Registration to register such perso
70 in their absence, but were used M rely ont
abundant canton and to avoid the conclusi
that might possibly be otherwise dcduc
r from the act, that persons sojourning temp
70 rarily beyond the limits Of their ward or d
i trct were noteutitled to be registered therei
~ By the words used the right of such perso
II to registr alton is placed beyond doubt, but
u enjoy it they must. like all others, appear
~ fore the Officers Of Registration As