74 Md. 342 | Md. | 1891
delivered the opinion of the Court.
John B. Thomas, an unmarried man, and a resident of Charles County, worked as a laborer for different persons until the spring of 1889, when he went to the State of Ohio to work, and remained there until October following. He then returned to his brother’s house in Charles County, and remained until May, 1890, when he again left and went to Germantown Junction, to work on a railroad, hut he returned to his brother’s on October eleventh, 1890. He did not make the affidavit prescribed by sec. 14, Act 1890, ch. 573. During the October sitting of the officer of registration, the name of the appellee was stricken from the list of qualified voters, and on October sixteenth, Thomas filed a petition praying an appeal to the Circuit Court for Charles County. On the same day a motion was made to dismiss the appeal on the ground that it had been prematurely taken. This motion was overruled, the case was heard, and the Court on the following day orderéd the reinstatement of the appellee’s name. The officer of registration thereupon appealed to this Court and the record is now before us. There are four bills of exception in the record.
The first and most important question is this: Was the appeal to the Circuit Court from the officer of registration prematxirely taken ? Thomas had been registered and had voted in Charles County before the adoption of the amendments to the registration law in 1890. Under sec. 9 of the Act of 1890, ch. 573, the officers of registration for the several counties are required to sit for three successive days in September, beginning on the third Monday, and for four successive days in October, beginning on the first Monday, and finally on the third Monday of the same month. This last sitting is expressly
As the Court below was without authority to act by reason of the appeal not being properly before it, its order and judgment will be reversed.
Judgment reversed.