Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1883-11-09
The Registration Cases.

The hearing of the registration appeals,
which had been continued over from
Thursday of last week, was concluded on
Monday before Judge Stone. All the per
sons who applied were placed upon The
lists. The principle cases up for hearing
were those of two negroes named Wade
who claim the right to vote in the Sth dis
trict of this county. These are the same
parties placed upon the lists last year.
which fact was then commented upon by
the TIMES. According to their testimony
they have been living continuously in
/ Washington for FIVE or six years-one fol-
lowing the avocation of a shoemaker and
the other employed as waiter in res
taurant. They have families which live
with them in houses rented for the pur-
pose in Washington. They have no kind
of home establishment here. and spend no
time here, except to come down once
year to vote. They make some kind Of
indefinite claim of having commenced to
purchase piece of land in the ) h dis
rict upon which they intended to settle
at some future time, bat upon cross-exam-
nation there appeared to be no substan
tial foundation whatever for this claim -
/ They swore that it was their intention Ill
timately to return to Charles county and
make this their home. though they could
not state when or within what period Of
time, however long they intended to re
turn t. the county.
These parties though placed upon the
lists upon appeal last year, were stricken
off by Mr.. Mudd this year, in compliance
with the section of the registration law
which requires him to strike from the list
all persons who have removed from his
district and remained away long enough
1 to acquire residence elsewhere. This he
felt himself bound to do, because he had
no means of ascertaining the continuing
intention OF the parties. When the cases
came up on Thursday in the absence of
the petitioners, Judge Stone sustained Mr.
Mudd in his action, and said that in the
absence of evidence to show continue
ton of the intention of returning on the
part OF these men. he would sustain the
action of the registrar in striking them off
the lists
When they appeared on Monday. how
ever, aud made oath of their intention to
return-indetinit as it was--the court held
that they were by virtue of such oath en-
titled to registration. In behalf Of the re-
!, gstration officer. it was contended by his
counsel that the constitution. which is the
basis of the registration law requires that
the voter must have resisted in the election
district in which he proposes to vote
for 6 months next preceding the election.
and mus have been a resilient of the State
for wear. That the term resident" did
not involve the question of intention. but
was a question Of fact requiring the actual
abode of the party. except in a few cases
of definitely temporary absence which con
stitute the necessary exceptions to the
rule. The attention of the Court was
called to the decisions made in Baltimore
city last fall in which that We was sus-
: tanned. 1t was also contended that even if
the word resident as Row in the constitution
be construed as synonymous with domicH,
still such an indefinite intention of an
ultimate future return to this State would
not entitle these parties to domicil diff
ferent from the place of their exclusive
actual residence and only business occupa
: ton. 1t might have been suggested, but
was not, that in the event of the death OF
these men in Washington. no one wou' q
think of running the question of having
: their personal property distributed accord
ing to any other laws then those of the
District of Columbia
Judge Stone said he felt compe led to
follow the line of precedents established
in this circuit and should do so until some
. act of the Legislature or adjudication of a
higher court should establish some more
definite rule. He admite ed that the pre-
sent rule of m liking the right to vote de-
: pend upon the animus, to be proved by
: his own unsupported OATH was an unsatls-
, factory, and In this locality so close to the
large non-voting population of Washing
ton, dangerous one. He announced, how
ever, that he should continue to follow it
until the LegisI ture had declared a diff
> ferent rule.