The Washington bee., 1910-11-26
DeEnurrers TO the Plaintiffs Declara-
tons.


tons.
Norris, d. 1.-The questions OF
law which are now before this court
for its ruling have been raised by the
defendants demurreTs to the declara-
tons filed in three actions at law.
They are suits for damages against
the defendants, Myers and Kalmay
who were two of the registers upon
whom, together with third register
one Clarence NJ. Jones, was imposed
the duty of registering the qualified
voters at a special registration held
II the city of Annapolis in the month
Of June, 1909.
By the votes of the two registers
who are defendants, the plaintiffs
were denied registration, and IN con
sequence, their votes were refused by
the judges of election, for the reason
that they were not entitled to vote
because their names did not appear
among the registered voters OF the
city of Annapolis.
The plaintiffs allege that they are
natives of Maryland, and lifelong
.esideuts therein, who have been
registered as voters since they were
respectively, twenty-One years OF
age, and had been continuously since
registered voters in Maryland. They
allege that in obedience to the law ot
Maryland, enacted at the January
Session, 1908, Chapter SIS, they were
denied registration by the defend
ants, although in other respects they
were legally qualified, solely because
they were Negroes, and were discrim
mated against solely on that account
That the defendants, as registers
denied the plaintiffs registration
against the protest of the third regis
ter wrongfully, illegally and op.
pTessively, and thus prevented thG
plaintiffs from voting at subsequent
elections in the city Of Annapolis
The declarations allege that the ac-
ton of said defendants, as registers
was in accordance with the said Ac
of the [ Legislature of Maryland. Chap
ter 525, of the Acts of 1908, providing
for the qualification of voters IN mu
nicipal elections in the city of An
napOlis, and providing for the regis
tration of said voters. By said Act
of 1908, the registers were directed tC
register Cd all male citizens of An.
napOlis of 2I years or over, who haC
resided therein over one year, who
had never been convicted of any in
famous crime, and who were tax
payers assessed on the city tax
books at least $500; (2) all duly nat
uralized citizens; CD all male chill
dren of naturalized citizens of 2I
years of age; (4 all citizens who
prior to January I, 1868, were enti-
tied to vote in the State of Mary
land, or any other State of the United
States at a State election; 90 and
all lawful male descendants of any
person who, prior to January I, 1903
was entitled to vote in Maryland, OF
IN any other State of the United
States at a State election. And en-
acted that no person not coming
within one of the enumerated classes
should be registered as a legal voter
of the city of Annapolis, or be quail
fed to vote at any municipal election
held in said city.
The several declarations then al
lege that so much of said Act OF
Maryland as refuses registration, and
consequently the right to vote at mu-
nicipal elections in the city of An
Aapolis to all persons, or their de-
scendants, who were not entitled to
vote in Maryland prior to January I
1868, is contrary to the Constitution
and laws of the United States, and
more especially to the Fifteenth
Amendment to the Constitution, and
to the Act of Congress, approved
May 81, 1870, constituting Section
2oo4 of the United States. Revised
Statutes, in so far as the said clause
of said law of Maryland of 1898 af-
fects OF processes or attempts to af-
feet the rights to vote of any citizen
of the United States by reason of the
race, color or previous condition OF
servitude of himself or any ancestors
of his.
The plaintiff Anderson alleges that
he is a citizen of the United States
born in Anne Arundel County, Mary
land. in 1894. That prior TO January
I, 1868, he would have been entitled
to vote at any election in Anne Arun-
del County but for the word white
IN the Constitution of Maryland then
IN force, restricting the right to vote
to white" citizens, by which re-
striction. being of the Negro race and
black color and by reason OF no other