Maryland free press., 1866-10-18
aS--S--.---s From<ae -oftfzen. -.ss-===z.
Opinion Of Hon, Riehid > Marshan ans
WIN. J. Ross Esq, on the Eject AZ
.- g. nile a,,- Negistra ITEM .,...,lt 80"

90 l.Lgta asi7 Negistraeen.s ss,us" saf
80 .. ti,l ~ ,oa ~ sr----fii "a ", ~ vs.. IL,
The question. has been proposed fsr our a,...
ion:. Whether the Judges of Election hats -.
| Powerito Institute inquiry as 10 the aeior =
the Registers fn registering a voter, and to-. sr
clude from the right of, mifragea person, d..
| registeredt sias9a u lsstii I'D iAsit
This involves necessarily the Aconst rac,io, =.
the provisions Of the Constitution and The oct a,
the Legislature giving efacy To- the constitutions,
provision by the enactment of the Law passed :,
the January session, 1865; entitled, "a n A. -.
latiDg to the Registration or the voters Of III,
State" .t.,... II ~. T.. -. '"'
We have been spared an examination, in,o II.
provisions Of the Constitution and 81. the Ree.
try act in reference to, the question propo.es h.
the emphatie-language Of the Judges Of Tie f,on,,
of Appeals in the case Of Thomas Anderson y. {.
John W. Baker q al, October Term, iss5.,E;
Without adverting to the point in issue i. ,b,.
case, it lie only necessary to quote the lapv,,..
used BY the several Judges in ANNOUNCING ,Is;.
opirions, to exhibit their several views ne n e..
respective powers to be exercised by the Judvs. !,
Election. We quote from, their decisions. A, Ga
lows: siz ''' .~n ts-
| CHIEF JUsrIos DewIs: 'sThs power. ,hrs oo,.
ferred on the Registers by the Act Of Ass.cshv
carrying int execution the provision OF the Con.
stitution, ID . police DC political power, clo,.l,
analogous TO that pr, vieusly committed to, III,
Judges of Election; power; on III, due ..reu.
! ton Of which, the inauguration aud succession
Of the several departments of the Governms n, d..
pend" -a.a.t . 49,. t,.r.g.F
''Under The old system, the Judges ds.cr,nih.n
the qualifications of the voter at The Polls. uuj,r
the new, the Registers ascertain and enroll t..
forehand those who are disqualified, subject aliks
to liability in DAMAGE. Ifthey willfuIly, cor,
rup'ly or msiiciossly exclude any who are sui.,
| tied"
JUDGE COcuaAx: "To the citizens 90 deserb.
ed, and to them alone, 10 the right Of sufr,e.
given. The privilege however, i, still further
| qualified, us We have seem. BY another Limitation
and that is, that the citizen shall take tile oath
prescribed In the 4th Section, which further ss-
clares, that the person declining to take il shall
he erclu lei FROM ACTING aai from registration
after a law has been passed and carried into II.
sct shall be evidence of the right to vote, aud
sithout which 10 citizen is TO b allowed to
vote" ... ..'... ....... .......-. -,sl..
"They require the General Assembly to ma.
such laws Tor the regist. alton OF voters a. th,v
my deem expcdent 10 carry into effect th.s.
iisfranchising clauses; and in declaring il 10 be
the duty of tue officers of Registration carefully
u eIclune srom Registration all disqualified p.r
sens, they cIeate the agency-aud confer uron II
exclusive jurisdiction and power to determined
finally and in full all questions as to dbuslhca.
tons and right of registration. The daty Of
carefully excluding all disqualified persons frsm
registration is special, limited and exclusiv. du
ty, involving an exercise ofjudgsscnt and di.crs-
tioa altogether beyond the supervisory and re-
.training power Of any other tribunal or depart.
meat of the Government. Whether il WAS can
si'tant with sound policy to clothe the oilcerso
| registration with power thus beyond Judicial
control ID altogether forsgs to the prescnt iu-
quiry; it 1t enough to And that the people have
expressly eon.srrsd il by the terms OF their en-
| ganic law" pug
''Slill we have found, that the Constitution
provided for ascertaining by = registration Of
the voters, to whom the privilege Of voting was
extended, and that it clothed the officers charged
with the duty, to the exclusion Of Courts sad Ju.
ries, with full power and Jurisdiction to hear and
fnWy determine all questions as to the right Of
rotin5 and re gistrdtisn. '.'" 'I '''
JusGs VESSEL: 1.-THE right to vote, the qaes.
ton of qualification or disqualification Of the
person offering to vote, il to Be decided BY The
tribunals established by the law for the sscer-
tainment Of the necessary facts that enter into
| the inquiry" al n '.sH I'd. s'-. ~ p': iid'
"Thc Registration Of voters Is but another.
mode for ascsrtaining the same ends, introduced
int the government Of some of the States, and
now authorized in Maryland" Wi ~ '."ot'
'lt has the advantage of asce.taining 5sfsfs
the days Of election; who are qualified to vote st
the elections when they arrive. They are to BIT
at times and places made known TO all interested
by the most public notice, anil their proeeddrs
is carefully marked out by law. ,sThc Judges Of
Elections arc by this means ,eiitcsl from duties
which they could but iapsrfee,ly pcrfor,n in the
brief space Of one day at the crowded. polls Of an
exciting election .tnih 81 i"s 49, lr Jf
And in speaking Of the Presidential elsetos Of
1864, Judge Weisel uses the following TERMS -
1.-THE qualifications Of the voters were the sane
then as rov. They were judged Of then by The
Judges of Election instead OF ssaaew by the on
GERS of Registration. But the change Ia the mode
orr means lof determining the qualifi ration Of
the voter can make no change in the result" +
Judge peterborough delivered ne separate
opinion, but coscurred in the opinion for the
reasons stated BY Judges Bowie, Cochran cad
Weisel. f7ar 81
Judge Bartol, the rsmaiaing Judge, delivered
q dissenting opinion upon the ground that the
Constitutional provisions in references 10 the Reg
istry and the Act Of Registr alton were uneenssi.
tutional, being in coafist with the Constitution
OF the United States. ssisd 81 idarS' 1I'T y '''
=, 1t has been said that she Court of. Appeals
have passed no decision upon the matter Of in-
quiry, TINT not being the point Involved IN ths
case before the Court. e.s f'fs s'-1'4
= Yet it is obvious from AZ examination Of the
separate opinions Of Judges Bowie, Cochran ssa
Weisel, the majority Of the Cosrt, that the hnal-
ity--the excIusive unconfroIIed discretion Of the