The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1866-12-06
a. ~ DECEMBER, u [lE i El4,lR, 6 1866.

| tration of the names of voters in this
| State Cart. |. see. 2. was 'sfor the pre-
scrvation of the purity of elections.Y
i tart. B. sec: fly Previously to the
adoption of the constitution and the
passage and carrying into effect Of the
registry law, ''the right of the citizen to
vote-the question Of qualification or
disqualification of the person offering to
vote--was committed to the judges of
election, who were constituted quasi
judicial officers, clothed with the power
ltand discretion necessary for the perfor-
nance of the duty of ascertaining the
facts that entered into the inquiry
Experience having demonstrated that
tthis mode of aseertaining the status of
1.-The person who offered to vote was rad
ically. defective, and that the judges of
| election could bat imperfeetly discharge
the duty imposed upon them. and that
the ballot-box was being polluted in
consequence of the defective manner in
which the qualification of voters was
determined, the trainers Of the constitu-
| tion wisely provided for another mode
! of accomplishing the same end with
better results, and the General Assem-
| bly, introduced the new system Of ascer-
tanning who were. entitled to the right
| Of the elective franchise by requirihgall
persons Ielaiming that right to go before
1.-THE officers .of,registration and have. the
same, determined in advance of the time
of holding the. elections Justice Wei
fsel, Of the Court Of Appeals, in his
opinion filed in the'case of Anderson VS.
Baker ct al, (not yet officially reported. J
in speaking of the new. mode of ascer-
tanning the qualification or disqualified
| tion Of tic person claiming the right to
| vote, says: cit has the advantage ofias-
certaining before the days of election
rho Gre qualified to cote at the elections
ache'a they qrrirc."
'"The act providing for the registration
4 of voters constitutes the officers of reg
Fistration the sole and exclusive judges
OF. the qualification of voters. They are
required to enter on the books of regis
tration every person ''atho ashdU satisfy
them that he rs qualified to cote under
the provisions ofthe first articlclof the
4 constitution and the laws of this State"
Upon them devolves all the duties for
merly imposed upon the judges Of cleo
I tion, and they are clothed with all the.
i powers formerly exercised by the judges
of election in determining the quakfca-
ton of voters. : Justice Weisel says :,
| "The judges Of election are, BY this
means, rehisrca from duties which they
could but imperfectly perform, in, the.
brief space of one day at the crowded
polls Of an exciting election" He
| further says, in abiding to the change
1 effected by the passage Of tile registra-i
I tion act, that as'the qualifications of the
d voters were the same then as now, n They
! were Judged Of, then by the J9'dges, Of
election, instead INST Of a1ssdncow, as ncow, lg tie officers
| OF registration. '''' '''O y 's'1-i N5'a7
I On this point Chief Justice Bowie,
: in his opinion tfiledoin the case of AM
j derson US. Baker ct al,,d says: s;Under
the old system the judges determined
the qualifications oof the voter at the
| polls; under the new, the registers as
4 certain and enroll llbeforehand those who
are qualified and those who are disqual-
fled" w Jon ''' -
I tt is perfectly clear from the language
= of the registration act, and the opinion
T of the judges of the Court of Appeals
4 who haze reviewed it, that the officers
Of registration are duly constituted and
empowered to determine as to whether
| or not the person who presents himself
4 for registration is qualified to be entered
upon the, lists Of registered voters. Z
:. The constitution makes the proceed
ing cf the officers Of registration, viz. !:
the list furnished by them 10 ffre judges
2 of election, evidence ofthe qualification
kofthe person registered, TO vote. The
question is raised in, this case as to
] whether OF, not the fact Of the person
being registered is conclusive evidence
4 of his right to'vote22 In my Judgment,
after the dnanes of a person has once
been entered en- the list of qualified vo-
ters, such entry is conclusive evidence
of his right to vote at all elections there
after held until the registry list is ucor-
frected in the manner pres scribed by the
] fourteenth section OF. the registration
1 act; that is, by registers appointed by
the Governor. / am sustained in this
view by the opinion Of Justice Cochran,
! filed in the case above referred to, who
! says: 'AVe have found that the ,consti-
4 tuition provides for, aseertaining, by a
i registration of voters, to whom the priv
ilege of voting was extended, and that
at clothed the c66icers charged mith this
4 duty, to the exclusion. of coarts and jt,-
iafes, seitlsithc full poarer, and jurisdiction
TO hear and finally determine all ques-
tio'lsl as to the right q vofing and regis
ta'otlon. tr,,
| If this was not the case, if the judges
of election could review the proceedings
of the officers of registration, and we're
4 empowered to set aside their action by,
excluding persons from voting whose
names were entered on the registry list,
they could as well add to the registry
list the names of persons excluded by
the registers, or receive the votes of.
persons not registered, and by this
means could virtually abrogate the
whole registry law and defeat the very