Port Tobacco times, and Charles County advertiser. (Port Tobacco, Md.) 1845-1898, 1883-09-14
Nonresident Voters.

of the voting lists for this falls election,
suggests reconsideration of the question
of nonresident voters which has been
heretofore discussed to some extent in
these columns.
In reviewing the decisions made by our
circuit court in the registration cases last
fall, while admitting that they were not
entirely inconsistent with previous adju-
dications of our circuit courts upon this
question, though perhaps an extension of
the principle previously maintained, we
took occasion, with becoming Difference,
to differ from the conclusions arrived at
by the Court. Further thought upon the
question, and more careful examination
of the law bearing upon it, confirms us in
the conclusions we then arrived at. We
do not believe that the question has ever
been brought fully before the mind of the
Court in these cases, and we cannot but
believe that, upon fuller Investigation
the Court would essentially modify the
decisions heretofore passed in these mat
tiers and materially limit the scope Of the
application of the principle heretofore
maintained in these adiudications.
The regulation of the right of franchise
in Maryland, except in so far as the terms
of the amendments to the Federal consti-
tuition predominant, is the exclusive pro :
vince of State laws, organic and statue
The constitution of the State, in article l.,
section /, provides that every citizen "of
the age of 81 years and upwards, who has
been a resident of the State tor one year
and of the legislative district of tn: city
or county in which he may offer to vote,
for sic months nen preceding the election
shall be entitled to vote in the ward or
election district in which he resides y
The registration law of 1892 requires the
registration officers to strike from the lists
all persons who are disqualified under ar
ticle of the constitution.
No Interpretation of the meaning of the
term resident as used in that section of the
constitution has ever been given by he
Court of Appeals, none of these cases hav-
ing ever been carried before that tribunal :;
but some of the Judges Of the circuit
courts have, enormously as we think. gone
into the question of constructive residence
in this connection and what the law calls
the animus rerertendi, and the law Of domi
Gil as distinguished from actual residence.
These latitudinous considerations have
greatly embarrassed and obscured these
decisions and led to the dangerous adju
dications to which we called attention in
this circuit last fall, by which persons
who have been constantly and continuous
ly residing outside Of the State for from
five to ten years are allowed to cast their
ballots in any election district OF this
county they may prefer. upon making oath
that they have the animus recertendi,..or in
tention Of returning to the county.
The term resident used in the constitu-
ton seems to be subject to no ambiguity
and to admit of but one interpretation
The law in relation to commercial trans
actions has made difference between the
place of residence and the place of domiea
I-s--. d. --. sa;-h t'.-t ~.-y --~I;s.;s.
has ever been attached to the term resident.
Although, as we have said, the Court OF
Appeals has never been called upon to in
terpret this term resident as used in the
constitution, it has nevertheless received
a definite Interpretation at the hands Of
the Legislature. In the code, Article Sc.
section 20, it is provided that mo Judge
of the Court of Appeals shall be deemed
to have abandoned his residence in the
judicial circuit for which he shall have
been elected, by reason of bis residence in
Annapolis during the term for which he
may have been elected, unless he shall sig
Nifty his intention to abandon his residence
in said circuit by voting in the city Of
Annapolis" This statute was passed in
1852 to rebut the presumption arising a.
gainst the Judges Of the Court Of Appeals
by the similar terms Of the then existing
constitution. 1t was doubtless passed at
the instance of the Judges of the Court of
Appeals themselves, and showed that they
deemed such legislation necessary to repel
the presumption of non-residence which
weEld arise against them. 1t has ever
since remained on the statute books as an
Interpretation Gf any were needed) Of the
meaning of the constitution in the use of
the term resident.
The maxim erpressio unius erclusio alter
Jus the expression of one meaning excludes
all others) is familiar to lawyers and judges
So it would seem to follow that by the or
ganic law of the State, as interpreted by
the statute law, all persons who reside
continuously outside of the county and
election district in which they offer to
vote, whether engaged in public business
or private pursuits. excepting only the
Judges of the Court of Appeals, are ex-
cluded from the privilege.
The only question that remains is whe-
ther the registration officers should acoui-
esce in the Interpretation of Article of
the constitution which has been apparent
" made by the circuit court, and leave the
names of those non resident voters, who
reside continuously outside of the State
and make annual pilgrimages to this ceun-
tv for the purpose of DISTINGUISHING as
many ax-payers. upon the lists. Perhaps
in so far as the clause of the registration
law requiring them to observe the provi
sions of Article 1 Of the constitution is
concerned, they should submit to such
decision; but there is another clause of the
law which requires the registration officers
under penalty, TO strike from the lists all
persons who have remooed from their dis