Montgomery County sentinel., 1891-10-02
Registration Cases.

The decision of the Circuit Court of
| Charles county, dismissing the petition ask
| ing to have the name of George e. b. Key
restored to the list Of qualified voters, was
affirmed in an opinion written Judge Nc
Sherry. Key was born in Charles county,
and resided there continuously until the
summer or fall of 1889, when he removed
to Washington, having been employed as
I'laborer in the navy yard. He took his fam
ily with him and rented house in Wash
ington, giving up the one he had occupied
in Charles county. He has remained In the
employ of the government ever since, max
ing brief visits TO Charles county. During
the sitting of 1890, his name was stricken
from the list. The opinion says: "There is
nothing in the letter or the spirit of the
statute to justify the conclusion that its lawf
do not apply to employees of the Federal
government. Because an individual who
leaves the State and takes up a domicile
elsewhere happens to be in the service of
the general government, he is not exempted
from the operation of rule of evidence
which upon its face applies to all persons
who depar, from the State and acquire
residence beyond its limits"
In an opinion also written by Judge Nc
Sherry, the appeal of Charles @. Lancaster
from the decision of the Circuit Court OF
Charles county was dismissed. The lower
Court affirmed the action of the officer of
registration in striking Mr.. Lancaster's name
from the list of qualified voters. Mr.. Las.
caster was born in Charles county, and re-
sided there with his parents until he enter
ed Georgetown College to complete his edu-
cation. After graduating in 1874 he went
to Washington to practice law. On May
5, 1890, he took the oath provided by section
IA, chapter 573, acts of 1890, for registered
voters who had left the State prior to the
passage of that act. The opinion says that
Notwithstanding the fact that Mr.. Lancaster
had taken the oath the question of residence
is an open one, and as Mr.. Lancaster's domi-
cile has been in Washington for sixteen
years, where he has married and has fam
lily, the fact he has parents living in Charles
county and has an interest in an estate there
does not make him a legal voter In that
county.
In another opinion, written by Judge Nc
Sherry, the court reversed the decision of
the Circuit Court of Charles county over
ruling motion to discuss the appeal of j.
b. Thomas from the action of the officers OF
registration striking his name from the list
of qualified voters. Thomas worked as a
laborer for different persons until the spring
of 1889, when he went to Ohio, remaining
there until the following October. He then
returned to his brothers. house in Charles
county, remaining until May, 1890, when he
went to Germantown Junction, returning to
his brothers home again on October IL,
1890, During the October sitting the name
of Thomas was stricken off the list, and the
Circuit Court ordered it to be reinstated.
The opinion says the appeal was prema-
turely taken, as it might have been that the
court in restoring the name of the voter
merely anticipated the action of the officer
of registration. The case was not properly
before the Circuit Court, and it was without
jurisdiction to hear it.