Maryland independent., 1909-08-27


year eighteen hundred and sixty-nine
or that he is a descendant of a person
who has become a naturalized citizen OF
the United States between the first day
OF January in the year eighteen hundred
and sixty-nine and the date Of the adop-
ton OF this section Of this Article, shall
De prima facie evidence Of any Of said
facts so sworn to.
A wilfuily false state ment upon the
part Of any application for registration
in relation to any Of the matters afore-
said shall be perjury, and punishable as
perjury is punished by the laws Of
this state.
Any person who feels aggrieved by
the action of any board Of officers Of
registration in refusing to register him
as qualified voter, or in registering
any disqualified person, may at any time,
either before or after the last session Of
the board of officers of registration, but
not later than the Tuesday next preced-
ing the election, file petition, verified
by atiidavit, IN the Circuit Court for the
county in which the cause Of complaint
arises, or. if the cause of complaint
arises in Baltimore City in any court of
common law jurisdiction in said city
setting forth the grounds Of his applica-
tion and asking to have the action Of
the board of officers of registration cor
rected. The court shall forthwith set
the petition for hearing and direct sum-
mons to be issued requiring the board
OF officers of registration complained
against in said petition to attend at the
hearing in person or by counsel, and
where the object Of the petition is to
strike of the name Of any person, sum
nous shall also be issued for such per
son, which shall be served by the sheriff
within the time therein designated and
said several courts shall have full juris-
diotion and power to review the action
Of any board of officers Of registration
and to grant or withhold, as it may deem
lawful aud proper, the relief prayed foT
in the premises.
In determining whether any person
who applied to be registered under the
above fifth clause was or was not en-
titled to be registered under said fifth
clause, the court shall require the board
of officers of registration complained
against to produce the written applica-
tion prepared and submitted by such
person at the time he presented himself
for registration to said board of officers
Of registration, and upon said written
application the court shall determine
whether or not said person, when he
presented himself for registration, com
piled with the requirements of said fifth
clause and if the Court shall determine
that said written application, so prepar-
ed and submitted by said person, COM
piled with the requirements of said fifth
clause, and that said person was not dis
qualified under any other provision OF
this Article Of the Constitution to be
registered upon the books of registry in
question, then the Court shall order said
person to be registered as a qualified
voter, but il the court shall determine
that said written application of said per-
son failed to comply with the require
ments of said fifth clause, or that said
person was in any other respect under
this Article of the Constitution disqual-
flied to be registered upon the books of
registry in question, then the court shall
order that said person shall not be reg
istered upon said books of registry.
The court may enforce any order by
attachment for contempt in said cases ;
neither party shall have any right of re-
moval exception may be taken to any
ruling of the court at the hearing of said
cases and an appeal shall be allowed to
the Cou.t of Appeals as 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 upon
the original papers, or otherwise, as the
Court of Appeals may by rule prescribe,
as soon as may be practicable.
The General Assembly shall have pow
er to provide more fully by legislation
not inconsistent with this section Of this
Article, for the hearing and determine
tion of all such cases.
SEC. ?. And be it further enacted by
the authority aforesaid, That the afore-
going section hereby proposed as an
amendment to the Constitution Of this
State shall be at the next General Elec-
tion for members Of the General Assem-
bly, to be held in this State, submitted to
the legal and qualified voters thereof for
their adoption or rejection, in pursuance
of the directions contained 10 Article
XIV of the Constitution of this State,
and at said general election the vote on
the said proposed amendment shall be
by ballot, and upon each ballot there
shall be printed the words "For the Con
stitutional Amendment and Against
the Constitutional Amendment as now
prescribed by law, and Immediately af-
ter said election due returns shall be
made to the Governor of the vote for
and against said proposed amendment,
as directed by the said Article XIV of
the Constitution.
Approved February %, 1908.
NOW, THEREFORE, 1, AUSTIN L.
CR0THERS, GOVERNOR OF THE
STATE OF MARYLAND, in pursuance
of the provisions Of Section l, of Article
IA Of the Constitution of the State of
Maryland, do hereby order and direct
that copy of said Act proposing an
amendment to Section Of Article / of
the Constitution of said State, be pub
lished in at least two newspapers ia
ca Of the counties of the State and in
three newspapers in the City of Balti-
more, one Of which shall be published in
the German language, once a week for
at least three months preceding the next
General Election, which election will be
held on November End, 1909, at which
election the said proposed amendment
shall be submitted, in the form and man.
ner prescribed by the General Assembly
to the legal aud qualified voters Of the
State for their adoption or rejection.
GIVEN under my hand and
the Great Seal Of the State
tSEAL). of Maryland. Done at the
City of Annapolis, this Isl
day of July, one thousand
mite hundred and nine.
AUSTIN L. CROTHERS
By the Governor
n. WINSLOW WILLIAMS,