Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1866-06-15
THE SENTINEL.
LOCAL AFFAIRS.


TIE REGISTERS IN A QUANDARy under
stand that the County Commissioners have re-
fused to levy money to pay the bills of the
Registers Of voters, on the ground that the
act authorizing their appointment does not
state in what manner they shall be paid
We publish below the opinion Of W. vErRs
BouIc, Esq, the States Attorney, on this sub
ject.
As for the Registers Of Berry's District and
DR.. Julian MAGRUpER, one of the Registers for
Rockville District, who seem TO have performed
their duties fairly, every one would like to
see them paid but as for those who perverted
law, bad in itself. and, by theirvillaiuy and
corruption, made it ten times worse-who
aided in sapping the very foundations Of our
republican liberty, by depriEing their fellow
citizens Of the right of suffrage-instead of
being paid for their infamous conduct, if JUS
tice were strictly executed, they would spend
the balance Of their lives in place where they
might have leisure to repent Of their crimes
RocKvrILE, Nd, June l2h, 1865.
The several officers Of Registration Of Voters
for this county having presented their respec-
tive claims for services rendered by them, as
such Registers, to the Commissioners for
the county, and asked that the said Commits
sioners levy the same upon the assessable pro-
perty OF the county, the said Commissioners
have asked my opinion and advice, as to their
power and duty to make such levy.
The act of 1865, chapter TIA section l,
provides, that said g Officers of Registration
shall receive for their services the sum OF three
IN r. L la.r I'd I'D
required in discharging the duties imposed on
them under this act" &c. But it does not
use language to authorize and require the
said Compensation to be paid and levied by
the County Commissioners. There is, how
ever, in section 9, A provision, that notices Of
the meetings, appointed by the Registers,
shall be published as therein directed, and
that such notices and publications shall be
paid by the Mayor and City Council of Balti-
more city, and the County Commissioners Of
the several counties. Again, the Legislature,
at its last session, passed a law authorizing
the Comptroller of the Treasury to pay the
Counsel of these Registers the amount
mentioned in the law for his services; but
this law is also silent as to who shall pay the
Registrars. 1t is plain, then, there is no
language used in either of these laws, which,
being on the same subject, may well be con-
sidered in constituting each one, which author
pay or levy the claims in question. In the
absence of such language, can the authority
be implied2 In my opinion, it can not
County Commissioners derive their existence
from statute law alone, and have no common
law powers giving them q discretion outside
of the plain grants Of power contained in the
statute, and if they fail to pursue these powers
strictly, or they go beyond them their acts are
void. Again, it Is rule of construction that
every law which is 10 wrest from the indi-
vidual his property must be construed strictly
In my opinion, tax laws are of this character
10 the fullest sense, and when this rule is APP
piled to the act Of 1856 5, it will afford q sufi-
cient reason for not levying the claims no.
directed by that law.to be paid or levied by
the County Commissioners uEaer any pre-
sumed power to do SO and when we take
into consideration the section directing the
County Commissioners to pay for the notices
therein mentioned, and .the kindred act for
paying the Attorney for the Registers out
Of the State Treasury, it would seem the Legis-
lature intended that the County Commits
sioners should not pay the Registers Were
the law, however, plain, that the County
Commissioners we're 10 pay these claims, then
ii is evident beyond cavil, that the Regis
tiers were to be paid " for discharging the
duties imposed upon them under the act" II
they failed to discharge those duties, they
have no claim to be paid by any one. To say
nothing Of their tyranuical and insulting de-
pertinent, with few honorable exceptions,
they did not discharge the duties imposed on
them by that act as is abundantly shown by
sheir own returns, now on file in the Clerks
Office.
Section 5, amongst other things, provides,
that the Registers shall insert in the
proper column, the cause or reason of dis
qualification of each individual. These causes
or reasons of disqualification are contained
in the several sections of the LIST article of the
Constitution therein referred to. These acts,
which thus disqualify, are plainly stated, and
could not be mistaken by any upright, honest
minded man. Again, the same section 5, re-
quires, when man is not placed in the
qualified column, that g the name Of one or
more witnesses, by whom the disqualifiea-
ton was proven" If the disqualifying
cause arises under the 4th or 9Th section
of the LIST article of the Constitution, should
be inserted in the Registry. This WAS not
done. The Registers have failed to record
the disqualifying cause, and, in most in
stances, have not given the name OF the
witness, or witnesses, by whom the dis
qualifying cause y was proven. But great
numbers Of worthy citizens were deprived of
their birthright Of citizenshipand self-goyern-
ment by these Registers, without giving, in
the records, any legal cause, or stating the
name Of any witnesses.
Thus in The 4ih District, JAS. ANDERSON. a
man whom the people have often honored and
trusted with important public stations, and
who filed them with fidelity, stands on the
record disqualified TO vote, because he g re-
fuses to answer all the questions FRANCIS
c.. CLoPPBR, one Of the most venerable and
unanimousally esteemed men in the county,
stands on the record disqualified, because Of
sympathizing with the South--refusing TO
answer No witnesses appear against him,
nor does II appear achdt he refused TO answer
GREESBURY NJ. WATKINS, one Of the most
valuable citizens of the State, and then n
delegated and qualified member of the State
Legislature, stands disqualified for refusing
to answer, only eyasively.r No Witnesses
appear in bis case. There are only few, out
Of hundreds of such cases, which the records
of these Registers contain, showing their
failure to comply with the duties imposed on
them by that law.
Again, section II, requires the Registers
to deliver to the Judges of Election a fair
copy Of the Registry, at or before nine o clock
of the morning Of election" This was not
done in the First District; on the contrary,
they wilIfnily and Arbitrarily refused to do
so, aud thereby deprived the people Of the
whole District from voting. It is, therefore,
my opinion, that the Registers are entitled
to no compensation, because they failed TO
discharge the duties OF their Office according to
law, and for the discharge Of which, alone, the
Law grants them compensation. But con-