The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1866-08-09
REGISTRATION OF VOTERS.
Opinion of WIN, Price ESQ.

the following reply which seems conclu-
sive on the subject. We viii add fur
Their that the 4th section Of 1st article
of the Constitution, which seems also TO
allow the judges of election concurrent
authority to exclude voters, must be
construed to be confined to the first cleo
ton after the adoption Of the Constitu-
ton before the Registration law provi-
ded for could be carried into effect or,
to use the language Of Judge Weisol,
"that registration, after law for regis
tration has been passed and carried into
effect, shall be The critteace ofhe righ,
10 rotc."
Balimorc, July &c 1866.
Dear Sir: You ask my opinion upon
the question whether person regular
IL registered aud returned on the list
Of qualified and registered voters, may
still be rejected by the judges Of cleo
ton!
This question has been finally settled
by the Court Of Appeals, in Andcrson's
case, and there is now no room for any
difference of opinion about il. The
opinions of the judges in this case were
delivered scrnf,m, aud were published
in the Baltimore American, early in
November 1865 make few hasty ex.
tracts from them, leaving those who
desire fuller information to refer TO the
opinions themselves.
Chief Justice Bowie, after promising
that "the General Assembly were re.
/ 1iurcl to provide by law for a uniform
/ registration of the names Of voters,
which shonid be evidence Of their quail
/ fcations at elections hereafter held F"
&c, proceeds to declare that under the
old system the judges determined tho
| qualifications Of the voters at che polls
/ under the new, the registers asecr-
/ tain aud decide beforehand those who
are qualified, and those Who are dis
. qualified, &c.
Judge Cochran, in the same case,
uses this language "Thc General As
acmbly is required by sec , Of art. | ol
the constitution 10 provide by law lov .
uniform registration Of voters which
registration, il is declared, shall be oyi.
dcnco Of their qualification to vote, ~
( Sc.
These provisions are specific and af.
/ frmatiye, and their purpose is too clear
direct and positive to admit Of mis1p-
+ prchousion They require the General
+ Assombly 10 pass such laws for the
registration gi voters 81 they may deem
F cxPcdieni TO carry into effect these dis
lrauchising clauses aud in declaring
. il 70 be the du:y Of tho officers Of regis
+ tralion carefully 70 exclude iiom regis
/ lratiou all disqualified Pcuons. they
create ne nyraCy, aud confer upon II
exclusive jurisdiction aud power to d..
iarmiuc finally and 10 foil all questions
as 10 qualification and right Of rcgistm.
/ ton. The duty Of carefully excluding
al disqualified lsersous from rcgistra-
ton, j. a pccial. i.mitci aud exclusive
duty. involving an exercise Of judgment
and discretion, allgeeihc- Independent
o. ihc supervisory power oi any other
tribunal or department of the govern
mgnt Whether 81 wAs COO atrut With
sound policy to tiyihc tho officers d
registration with power thu, beyond
judicial control. Is altogether foreign to
the prescott inquiry IL IS enough %
Gpd that the people haze expressly con
fcrgi il by tho terms Of tlrir organic
law Aud again We have found
that the constitution provides for as.
ccrtaiutae IS a rssjstuiioa Of the yo-
tcB to whom the privilege Of voting
was extended. aud that 10 clothed the
officers charged with the duty, 60 the
exclusion % courts and juric-, With full
power and Jurisdiction to hear and fl.
u1lly determine all questions as 10 the
right Of yo,ip. aud registration. ~
Aud Judge Wcisol, in the same case,
holds the following language
The right % vote the question Of
qualification or disqualification Of the
persons Offering to yott--is 20 be estAb-
Iished b. the tribunals established by
the law for the asccrtainment OF the
necessary facts that enter into the in.
quiry Means are appointed aud judges
provided TO determine the questions
with al the guards that the nature Of
the investigation admits Of This pow
or aud trust must be reposed somewhere
and in this State, aud in all the States
Of the Union, il had been committed to
judges Of election, who are quasi judi.
cial officers, clothed with the powers aud
discretion necessary for the perform
ancc Of the duty, as delicate as Il is i'm
portaut to the well being Of republican
government The registration Of yo-
ters is but another mode for obtaining
the same ends introduced into the gov
eminent OF some OF the States. aud now
authorized in Maryland II has the
advantage of uscertalnine, before the
days of election, who are qualified 70
vote at the elections when they arrive
Aud again: The judges of election
are by this means relieved from the
duties which they could but imperfac-
It's perform in the brief space Of one
day at the crowded polls oil an exciting
election"
These opinions constitute the judge
mont Of the highest court IN the State,
and they decide, eouclusiycly, that after
4 registration act has been passed, as is
the case in this State, the sole and ex-
elusive right Of admitting citizen to
the right of voting, or Of excluding him
from that right, is with the officers Of
registration; and that the judges Of
election are bound by the lists Of regis