Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-11-02
w HIGH WILL STAN ?
Two Opposite Constructions in Regard to
Legal Residence in Maryland.
Mr.. Warmers Case In Montgomery
County Contrasted With Mr.. Me-
Toys In Prince Georges.

A keen interest is felt among residents
of Maryland who are engaged in business
in Washington and spend the winter sea-
son here in the decisions made by the re-
spectlve courts of Montgomery and Prince
Georges counties.
Mr.. Warmers Case.
Mr.. b. H. Warner appealed from the de-
cision of the registration officer at Whea-
ton. Md. in refusing to register him on the
ground that he had never lived twelve
months continuously in the state OF Mary
land. Mr.. Warmers case is briefly this: He
! moved to the state of Maryland in lS!t2.
Two years previous he had purchased
large tract of land and laid out the town
| of Kensington, which has grown so pros
I -perously that it is now under the control
! of a mayor and common council, mas
| town hall and. what washington does n .o
Epossess a free library for the use OF It's
citizens Mr.. Warner has resided in the
state during the summer months Tor tee
past four years. He made the affidavit re-
auired by the act of the Maryland leSiSia-
| ture Of 1892 upon his removal to Was hing
ton last fall and filed the same with The
Fclerk of the court in order that MS flSnt
to vote might not be questioned. He went
ont to his house on the I'd of May and re-
manned over night, but did not remove ms
| family there until the 18th Of that inontn
| The register also held that as he did rot
| remove his family before May he could
not register.
The case was ably argued by Messrs.
Ashley NJ. Gould and Marion Dorian Tor
Mr.. Warner and e. c. Peter, states attor-
ney for the registration officer. Judge
Lynch in rendering his decision, stated
| that he regarded the right of citizenship
! one that should not be dealt with by the
narrowest construction of the law; that the
/ statutes were made for the purpose of pro-
| tecting voters, and not to prohihit them
| from the exercise of the elective franchise;
| that 1t was not necessary to reside WE'VE
,lxy hos IA n o.
main any particular time, providing the
residence had been entered into IN good
| faith: that Mr.. Warner had compiled with
| the requirements of the statute. admitting
| II to be constitutional, by returning and re-
| manning one night six months prior to the
election.
IF this decision had been rendered a
month sooner undoubtedly several hundred
| voters would have been added to the regis
| tration lists in the different districts.
Mr. E, c. Peter, states attorney. an
nounced his intention to carry the case to
| the court of appeals, when. doubtless, the
| constitutiorality of the whole law Will be
| brought into question
The Case Of Mr.. Meloy.
| In the case of Mr.. VIM. A Meloy of
Prince Georges county. the Judge at Marl-
boro' to whom the appeal from the regis
| tration officer came, refused to restore Mr..
| Meloy's name to the registry of voters.
| Mr., Meloy began his residence upward of
| twenty-five years ago and has been con-
tinuously ever since an actual resident and
| registered voter Of Prince Georges county.
| On the 31st of October, 1894, he took his
| wife and children and came TO the city by
train with their trunks. to his city abode.
| He left his house and long established
| home not vacant. but occupied constantly
| by his servant, his furniture. &C., in all
respects as during the summer months.
| and both himself and other members of his
| family were there weekly and some times
| for days together. living in the house.
Feeling that under such circumstances he
could not conscientiously make an affidavit
i that he vacated and removed from his
| habtation. dwelling place. domicile or
| abode and took up his abode out of the
state" he did not make the affidavit de-
| manded by the law.
| For want of this affidavit the Prince
| Georges court declared he had vacated his
abode and was not entitled to registration
| as a qualified voter.
From this he appeals to the Court Of APP.
| peals, and it remains to be determined
which spirit of Interpretation shall prevail