The evening times. [volume] (Washington, D.C.) 1895-1902, 1901-09-24
MARYLAND CENSUS LISTS
4 Mnndnmus to Compel Colonel
SchIcy to Produce Them


HAGERSTOWN, Md. Sept H-CoL
Buchanan SChIey Superintendent OF the
Maryland State Census. was cited by Re
publicans to produce census lists and a
petition was filed to that effect in the
Circuit Court last evening. The petition
ers are John w. Stonebraker and Henry
G.. FOltz. eX-C0uuty commissioners; sam
uel McCrsery and Jacob J. Funk. The
lawyers in the case are Charles J. Bona
parte. of Baltimore, George W. Smith,
jr-, eN-State's Attorney Charles D. Waga-
man, and George A Davis, Of HaEers-
town. Nd Mr.. Davis is Chairman o. the
Republican County Central Committee
Judge Stake signed an order requiring
Colonel SchIey to show cause on S,utem-
br p why ne should not produce the lists
asked for. A copy Of the petition was
served on Colonel SchIey this evening by
the sheriff
The petition recites that the petitioners
are registered voters. that Colonel Schley,
since the census work was completed. has
resided in HaEerstown; that here is his
actual and official home. that section Z
Of the Census law provides that the emu
merators shall return 60 the superinten-
dent on separate blanks the names Of the
registered voters in their respective pre-
cincts. and on separate list all male adults
actually residing IN such precincts whose
names DO not appear on the list Of re sis-
tered voters; that section Il provides that
the superintendent shall forward tabuIat-
cd returns TO the Governor. that by Colo
nei SchIey's report il is made % appear
there are in the State S45S9 males not
registered voters, 2I05 being I'm Washing
ton county, and that Of the registered
voters Of the State 5T20 do not reside
in the precincts wherein they are regis
tered. whereof 1889 are in Washington
county
The petitioners aver they are members
Of the Republican party and intend 10
vote for the Republican State nominees
The petitioners also produce letters and
kilograms which passed between State
Chairman GoldsbOrough and Governor
Smith and Colonel SchIey in relation 10
Mr.. GoIdsborough's request for the lists
and the lattcr's refusal
The petitioners further aIIege that Gov
eru0r Smith and Colonel SchIev made It
appear that these lists we're placed for
temporary safe-keepiug with the Govern
or who discIaims any legal right % their
custody or control; that the lists are in
control Of Colonel SChIey and can be pro
''t''a ny MN d NV 7lA''Aaa.4 AEF
do so by court; that ne is the legal Gus
tOdIan Of the documents until relieved by
direction of the legislature that he can
not impair the rights Of his felIow-citi-
zeus or the jurisdiction Of the court 70
protect the same by placing the dCcu-
meutS IN any place or in anyone hands
that the cost OF the census was defrayed
by the state; that the public purpose in
tended 20 De served by the preparation
and return Of the lists Is COUcluSiveIv es-
taDliShed by Article T. Declaration Of
Rights, which asserts that every male cit
lzel having constitutional qualifications
ought 70 have the right Of suffrage and
that TO effect this purpose, these dOcu-
mcuts shall be treated as public records
open 10 free inspection and legal use uu-
der reasonable restrictions, of all order
" citlZens OF the state. and more especial
y OF legal voters and taxpayers: that
Colonel SChley-s refusal TO grant the re-
the petitioners, who are entitled 20 the
lists with the view Of securing the regis
JratioH Of voters. or OF those among them
so qualified, before the next election and
To the lists OF the other class asked for
some Of whom are entitled to be register
go. and with the view Of securing the re-
mpTal OF the names OF those from regis
uauOn books to be used at the coming
election. that II Is obvious that to be
or any practical utility for these pur-
poses such access must be granted i'm
mediatcIy-
Court is asked TO compel COIoueI Schlev
10 produce the lists and allow access Id
others TO get copies.