The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1901-09-27
THE ELECTION LAW

Two petitions for writs of mandamus
were filled last Saturday in the Court of
Common Pleas for the purpose of testing
the constitutionality of the provision of
the Election law passed at the extra ses
sion of the Legislature last March forbid
ding the rendering of assistance to litter
ates in casting their votes. The petitions
were filed by Attorneys Henry W. Will
Jams and r. E. Lee Marshall on behalf of
the Baltimore Reform League for the
sole purpose, it is started, of having de-
termined the important question of the
constitutionality of the Election law.
Seth S. Summerson is the petitioner in
both cases. The court is asked to issue
writs of mandamus requiring the regis
tiers of the Ninth precinct of the Tenth
in that precinct, to enter upon the regis
tration lists record of the fact that
Summerson cannot read, and also requir-
ing the judges of election to render
Summerson assistance in marking his
ballot at the election next November.
The defendants in one petition are
Ferdinand Schilling, Jr., James w.
Thomas, James Magraw and John Krebs,
registers of voters in the Ninth precinct
of the Tenth ward. They are also the
defendants in the other petion as judge
of election in the same precinct.
Summerson is white man. The petit
tions state that he is SO years old, and is
entitled to vote in the Ninth precinct of
the Tenth ward. On Tuesday, Septem
Der II, the first day of registration this
fall, he applied for registration in the
precinct. The registers, it is stated,
failed to question him as to his ability to
read or to make any such entry on their
books. Thereupon Summerson called
the attention of the registers to their
alleged omission and requested that the
question be asked him. This the regis
tiers refused to do. Then Summerson
stated under oath that he could not read
and, for that reason would be unable to
mark his ballot without assistance. The
registers also fused his request to enter
on their books his sworn statement,
The petitions state that the refusal of
the registers to grant Summerson's re-
quests were based on the Election law
passed at the special session of the Legis-
lature and the instructions issued to the
registers by the Attorney General in
accordance with the law in question.
Orders signed by Judge Phelps, to
whom the petitions were presented, set
them for hearing next Saturday. 1t is
said that the petitions may be heard and
| the questions raised by them determined
by the Court of Apre calls before the cleo
ton next November.
Mr.. Henry W. Williams, one of the
attorneys who filled the petitions, when
asked about them, said:
ut is hoped that the attorneys for the
election officers will demur to these reti-
tions SO that the case may be heard Satur-
day next and an appeal taken at once to
the Court of Appeals if desired.
"In order to facilitate this hearing the
petitioners make no allegations of a dis
putable or political character but simply
set forth in the simplest manner the re-
fusal of the officers of election to recog-
nize the right of the petitioner to assis-
lance at the polls. No reference is made
anywhere to any assumed or alleged
purpose of the trainers of tie law; its
constitutionalty is simply denied
The Democratic leaders appear to have
the utmost confidence in the constitution
nality of the Election law, and are APP
parently not worried in regard to the re-
suit of Reform League proceeding. 1t is
reported that Mr.. John p. Poe, who is
credited with drawing the law, will be
called upon to defend it. Chairman
Vandiver and others of the managers
were not in the city yesterday.
The very eXuhcrance of the uttcrances
of various Republican Senators as to the
confidence they have in Roosevelt, since
his decision to retain the memhe rs of the
present Cabinet, is a little suspicious. 1t
indicates that they have been scared and
now arc treasured.