The Republican. [volume] (Oakland, Md.) 1877-current, 1901-04-11
BACK TO MARYLAND.
Election Law Will Bring Wanderers Home.
Only Month in Which to Settle
In State

so far as 1T stipulates what shall con-
stitute legal residence, carrying the
right to vote in that State, affects
large number of persons in Washing
ton who have heretofore claimed le-
gal residence in Maryland and have
registered and voted at each election
Very few of them will be eligible for
registration next fall unless they move
out of Washington into the suburbs
across the District line, the nearest
points in Maryland and the most
available for those whose occupations
demand their daily presence in the
Capital. A very large majority of
them will take such action, and may
already have served notice on their
landlords that they will relinquish
occupancy of the premises they now
rent on April 30.
The new election law of Maryland
provides that 'all citizens of Mary
land absent from the State at the
time of the passage of this act must
appear in person within thirty days
after the passage of this act before
the Clerk of the Circuit Court of the
county in which they vote; or, if they
are residents of the city of Baltimore,
then before the Clerk of the Superior
Court in Baltimore, and there make
oath that they are only temporarily
Oh EIA 10
intend to resume their residence in
Maryland on or before May ), 1901
/ They must, in fact, return to Mary
land before May ), 1901, and must &C
tually reside in that State for the six
months preceding November >, 1901.
If they fail to make the affidavit in
Dictated, or do not return and resume
actual residence in the State, they
/ forfeit their citizenship in Maryland
and cannot regain it except upon the
same terms as all other persons may
become citizens of the State and en-
titled to vote in it-that is, by living
within its borders for one year con-
tinuously.
Under these conditions the passage
of the recent act is matter of deep
interest to the Marylanders in Wash
ington. They know that it is hope
less undertaking to attempt to break
the law on the ground of unconstitu-
tionality, in so far as the qualifica-
! finnc fC,s .act1ay.o all -.
That was vainly attempted several
years ago. The law recently enacted
by the Democratic Legislature is al
most identical in several respects with
the election law of 1890, which was
contested in the Warner case, and
which was repealed by Republican
Legislature in 1896.
1t was held in the Warner case that
actual domicile in the place claimed
as residence was peremptory under
the provisions to the act in order to
carry the franchise, and the Court of
Appeals of Maryland sustained that
ruling. Ashley Gould, now Assistant
| ClSbl lCO hbUOIl NdS hl. w >
counsel, and put in plea of uncon-
stitutionality as against the defni-
ton of legal residence set up by the
law and upheld by the Court. This
was overruled, and the question in
that regard is admittedly settled be-
yond dispute.
/ If ha that fha fac Of nnncfit,,
tionality if applied to the provisions
of the law as to ballots will render it
nugatory in that respect, and emil
nent lawyers of the Republican party
are inclined to believe that the pro-
visions as to ballotting are unconsti-
tutional. But the definition of resi-
dence is indisputable and will widely
affect Maryland people i'll this city.
The new law practically abolishes
the theory of intent as factor in es-
tablishing legal residence. In most
States citizen may leave the confines
of the Commonwealth and come to
Washington to occupy position I'M
der the Government and remain here
indefinitely without losing his right
to vote in the State which he claims
as residence. This is notably true of
Ohio. The same proposition has been
true as to Maryland, and several
thousand residents actually of Wash
ington have been conceded the right
of residence legal for the purpose of
voting in that State, and have taken
full advantage of this privilege at
every election.
| Under the new law this state of af-
/ fairs ceases to exist. If man claim
ing residence in Maryland does not
actually live in that State from May
! until the next election, his vote will
undoubtedly be challenged next No
vember and probably be thrown out,
even if he succeeds in registering
Actual residence in Maryland is nee
| essary. This is admitted by attor-
neys who are citizens in this city
Assistant District Attorney Ashley
! M. Gould admits it. He was candi-
date for the Congressional nomina-
ton in the Sixth Maryland district.