The Democratic advocate. [volume] (Westminster, Md.) 1865-1972, 1905-09-02
Objections To The Amendment.

On this point some men are sincere and hon
est in their opposition, others only make the
charge because they have nothing better to
offer, and they desire TO retain the negro on the
registration list for personal and partisan rea
sons. Coupled with the allegation of too much
power being lodged in the discretion of regis
trars is the further allegation that there is no
right of appeal from the decisions Of the reg
istrars. The amendment, of course, does not
deal with the question Of appeal. The Con
stitution is the organic law, limiting and de-
fining powers. Its provisions are given effect
by Legislative enactment. The registration
and election law provides for appeal from the
decisions of registrars, and we quote the main
part of section % to show it;
"23. ANY person who feels aggneved by
the action of any board OF registry IN refusing
to register him as a qualified voter, or in eras-
ing or mis-spelliug his name, or that of any
other person on the registry, or in registering
or failing to erase the name Of any fictitious,
deceased or disqualified person, may at any
time, either before or after the last session of
the board of registry, but not later than the
Saturday next preceding the election, If IN the
City of Baltimore, and not later than the
Tuesday next preceding the election, II IN the
counties, file petition, verified by affidavit,
in the circuit court for the county, or IT the
cause of complaint arises in Baltimore City.
in any court Of Baltimore City, setting forth
the ground Of his application. and asking 10
have the registry corrected. The court shall
forthwith set the petition for hearing, and d.
rect summons to be issued requiring the board
4 ba mr. hvf
sci At the hearing, evidence sub
iect only to the ordinary rules OF evidence as
modified by the provisions OF this secronl,
may be introduced for or against the applica-
ton, and the judge shall dispose Of the matter
summarily. by granting or refusing the order
PRAYED, and the clerk Of the court shall make
a minute of the proceeding. If the
board of registry shall have returned the re
gisters 10 the Supervisors Of Elections, GER
tilted copy of any such order granted by the
court shall be delivered to said Supervisors,
who shall thereupon make the required cor
reeiiou upon the proper registers. aud under
the head of Remarks note that the same
was made under such order OF the court he
court may enforce any such order by attach
ment as in proceedings for contempt
In Baltimore City the Supreme Bencn shall,
from time TO time, assign judge or judges
shall be heard, and neither party shall have
any right of removal. Exceptions mas be
taken to any ruling Of the cour, at the hearing
Of any such petition and appeal allowed 20
the Court Of Appeals, rs IN other cases; all
such appeals shall be taken within five days
from the date Of the decision complained Of,
and shall be heard and decided By the Court
of Appeals as soon after the transmission q
the record as may be practicable.
The question Of appeal being disposed q,
we come to the allegation that under the pro
posed amendment too much power will be
lodged with the registrars. The registrars
now have the power 10 determine whether
persons applying to be registered possess the
power has been lodged in the registrars ever
since the passage of the frs; registration act.
The registrars swear applicants for regislra-
ton and then proceed to question them rs TO
age, nativity, length OF residence, aud al! other
matters necessary to determine their qualifca-
iions to become voters. All persons have
had the right Of appeal when they felt az.
grieved, and hundreds have appealed and
their cases been determined by the courts.
The right Of appeal exists and viii exist after
the amendment is adopted. Since the inau.
guration Of b. partisan boards OF registration
appeals have been comparatively few, and we
know Of no cases where the registrars have
been charged with a deliberate attempt to de
fraud any man of his right to register and vote.
Registrars may commit an error Of jadg-
ment, but the right of appeal gives oppor,un-
ity for correction.
Now as to the power Of registrars should the
amendment be adopted. They viii have to
examine applicants for registration as TO
age, nativity, length OF residence, &c, as at
present. They will have power to inquire Of
white voters if they were entitled to vote IN
1869, or prior thereto, or if they are descend
ants of men who were registered in that year
or previously.
They will inquire of cclored men if they
can read. If they receive an affirmative an
swer they proceed to ask the applicant 10
read a section of the Constitution of Maryland
and give reasonable explanation of il. If
the applicant is unable to read, section is
read to him and he must give a reasonable ex.
PLANTATION Of it. In either case the registrars
are to determine whether the explanation is
to be registered.
The object in proposing the amendment to
the Constitution was to eliminate the negro,
and retain to every white man possible the
privilege of voting To accomplish this last
purpose the only way known without conflict
with the Federal Constitution, was adopted.
and the only possible way to eliminate the
negro was TO make an educational qualiicA-
and explaining a section of the
Constitution. To cut out the negro aud not
interfere with the voting privilege of the white
man was the object sought in framing the
franchise amendment, and ii is believed its
adoption will accomplish that result.
How would it be possible to have an educa-
tional qualification without giving registrars
the power to determine the suificieucy of the
educational qualification Mere ability to read
would not conclusively indicate intelligence
or understanding, and the reasonable expla-
naflOn clause IS lnlenueu 10 SECURE d aaLt uS'
gree of intelligence as prerequisite to regis
tering and voting.
All registration and election laws, while
beneficial TO the people as a whole, impose
injustice upon some. 1t is the same with tax
laws But they are necessary to secure fair cleo
tions and for the support Of government. And
in the administration of all laws power has to
be lodged with individuals. In criminal trials
the juror is judge of the law as well as the
facts, and may be confronted with conflicting
explanations of the law by opposing counsel.
Human Judgment must determine all human
affairs, and there is no way to determine the
qualification of voters except to submit them
to the judgment of the registrars of voters.
They may err in Judgment, but there is the
right of appeal. There may be some who
would act unfairly, but each party is represented
in the boards of registration, and the oppor-
tunity for unfairness will be very limited.
Election frauds, trickery and bribery will
cease when all men become pure and sancti.
fed, not before. We must surround the
voting privilege with all laws possible to insure
fairness and honesty, and appoint as reputable
men as can be obtained to carry them into