Carle v. Musgrove
Carle v. Musgrove
Opinion of the Court
delivered the opinion of the Court.
This is an appeal from an order of the Court below, directing the appellants, officers of registration of the seventh precinct of the eighteenth ward of Baltimore City, to enter the name of Augustus W. Musgrove as a qualified and registered voter in the register of voters of said precinct and ward. The facts as disclosed in the
There is no controversy whatever concerning the facts of the case, but the contention on the part'of* the appellants is, that the petitioner should have furnished, upon their demand, a proper certificate from the registration officers of Howard County, showing that his name had been stricken from the list of qualified voters of said county. So much of the Act of 1892, ch. 239, sec. 19, which need be here quoted, reads as follows: “When
it would, however, have been eminently proper for the appellants to have inquired into the previous registration of the petitioner if there existed the slightest doubt as to his qualifications. This could have been done without difficulty, as the Act of 1892, ch. 368, sec. 35, provides that “nt such new general registration, the registers of their several precincts as aforesaid, shall be entitled to receive the preceding registration books from the Board of Supervisors of Election in the City of Baltimore for the purpose of comparison and assistance in
The method which the statute has th-us provided for “the purpose of comparison and assistance in identification,” would have supplied in this case all that was requisite to determine the petitioner’s right to registration.
Whilst we are of the opinion that the Court below, upon the proof offered, was right in directing the appellants to enter the name of the petitioner on the list of qualified voters, we cannot fail to recognize and approve the statement in the brief of the appellants, that “the chief object of the registration laws is to insure that while all voters should he registered in some one place, each voter should he allowed to register and vote in but one place. ” At the same time we do not think the Legislature in seeking to place proper safeguards around the ballot-box contemplated the creation of such precautionary measures, as would practically amount to a denial, in some instances, of the right of the citizen to he registered and to exercise his right of elective franchise. In this case the petitioner had been a duly qualified voter in said precinct, and when he again applied for registration in the same precinct, he should not have been required to produce a certificate from the officers in Howard Oounty, but the fact of his previous registration, coupled with his sworn testimony to the effect, that he had delivered to the appellants’ predecessors in office, said certificate from the Howard County officers, when he first became a voter in said ward, was a substantial compliance with the provisions of the law, and was, together with all the evidence adduced, legally sufficient to entitle him to he registered. We find no error
Order afirme d.
Reference
- Full Case Name
- George P. Carle, and others, Officers of Registration of the Seventh Precinct of the Eighteenth Ward of Baltimore City v. Augustus W. Musgrove
- Status
- Published