Port Tobacco times, and Charles County advertiser., 1889-09-20
portGoboffoG Gintes
PORT TOBACCO:
Friday Morning ............Sept. goth. 1889
About constructive Residence. ;"


The Independent undertakes to
critcise the remarks of the veteran
president of the recent Democratic
county convention regarding the great
abuse which has grown up in this
county in recent years by the coloni-
zation of colored voters from Wash
ington and elsewhere, under the sane
tion of the court aud upon the speci-
GUS plea of constructive residence" !"
We did not hear the remarks referred
to, but undoubtedly Mr.. HALEY voic-
ed the sentiment of the great body Of
the real Democrats of the county when
he deprecated this very bad practice.
If he advocated q local law for the
counties as distinct from the law Of
Baltimore city, then he was simply
mistaken in, regard to the remedy.
but he was right in his apprehension
Of the great mischief which the pub
lie sentiment of this county demands
shall be remedied at an early day. :.
The fact is no legislation at all il
needed on the subject. The law Of
Maryland is now ample on this ques-
tion, it is only the local Interpretation
of the law that is at fault. The hrst
section of Article of the constitution
provides that "every male citizens Of
the United States, of the age 21 years
or upwards, who has been resident
of the State for one year and Of the
Legislative district of Baltimore city
or the county in which he offers to vote
for sic months nezt preceding the cleo
tion, shall be entitled to vote In the
ward or election district in chich he
resides at all elections hereafter to oe
held in this State" The registration
Law provides that the registrars >ol
voters shall register all voters entitled
under this section of the constitution
and refuse registration to all Who are
not. 8. 4fs. fe s i
The Superior Court Of Baltimore
city, by one of its judges. put an in
terpretation upon the term residences
as used in the constitution, some years
ago, in the following case: An un-
married white man and . Democrat
had been, absent from Baltimore city
a little over year, engaged as deck
hand on Hudson river steamer. He
had lived exclusively on the steamer
and had not acquired or claimed any
voting residence IN New York or any
-xhere else. He made oath Of con-
tinuing intention to claim Baltimore
as his residence and As corroborstive
evidence showed that he belonged to
Masonic lodge in that city and had
kept his dues paid up. Tho court
decided that he was not . resident of
Baltimore city in contemplation of
the constitution and refused him reg
istration. Judge Stone was informed
of this decision in one Of the registrs-
ton cases here, but said he did not
recognize the authority of a oo-ordi-
nate court - sss.t
AS far as. We are advised. Judge
Stone is alone among the Maryland
judiciary in holding that voter. hav-
ing once resi6ed IN county Of Mary
land. may afterwards reside with
his family for an indefinite time in
Washington, engaged in private pur-
suits, and without any home establish
ment at all in Maryland. and continue
to return annually to the county Of
Maryland from which be. came and
voted, upon making oath that if he
should ever get out Of employment in
Washingten, he expected to return
to Charles county to live. Exoep'
tions have been made in many Of che
States in regard to persons reading il
Washington and engaged in the Coz
srnment employment; but where they
are enegaged in prieate pursuits The
rule has generally been in accord
ance with the decision of the Balti-
:. more superior Court referred to.
1--WE believe. that every member oi
our bar, excepting Mr. Posey and Mr.
Mudd,s differ from Judge Stone in biz
Interpretation Of the Constructive
residence" idea. It will not be for.
gotten that Judge Brooke has also
-squarely reversed Judge Stone upon
this point, In the year 1885 the Dem.
ocrats Of the county, ~ will be re.
memhered, undertook to take advan.
tsge Of the constructive residence
idea; and SO they brought down from
Washington . dozen or more white
citizens, former residents Of the conn.
~. who made the prescribed sfidavil
shout returning to the county. and
we're registered. On that occasion :Jddss
Stone decided not to sitin registrs.
tion Gases, giving - his rsasoh The
fact that his brotAer-in-lawawas one
Of the dozen candidates ON the local
Rspablicsn ticket. Judge Brooke was,
therefore,: sent down; and he prompt.
!. y reversed Judge Stone and struck
all the ,colonixed Democrats of.