Carter v. Applegarth

³³⁷ Pearce, J., delivered the opinion of the Court. In an opinion per curiam, filed November 3rd, 1905, it was 'ordered that the name of Valentine Braun, which had been stricken from the list of qualified and registered voters in the 15th Precinct of the 4th Ward of Baltimore City under an order of the Court of Common Pleas of that city be restored to said list of qualified and registered voters, and we will now state the reasons for that decision. Valentine Braun was registered on October nth, 1904, as a qualified voter in the 15th Precinct of the 4th Ward of Baltimore City, his residence being there given as 612 East Lombard street. The building so numbered was one of those destroyed in the great fire of February, 1904, which swept over a large section of the city and practically destroyed all the houses in that ward, but in the summer of 1904 a new house was erected upon the same site, and was numbered 612, and from that house Braun was registered.

On October 10th, 1905, that being the last day of registration, about noon of that day Mr. Tapscott, the Republican executive of that ward, came to the tent in which the registers were holding their office,, called out Mr. Watson, the Republican register, and handed him a list of 64 names, appearing as voters upon the registry of that precinct, as a list of suspected voters. This list was not verified by the affidavit of Mr. Tapscott, or of any other person, and was not offered to the Board of Registers for action thereon, until four o’clock that afternoon, when Mr. Watson presented it, and he testified that he only did so then because he had orders to do so from political headquarters. He also testified that he had never examined the registry to ascertain who were disqualified voters in that precinct; that he was not acquainted with the voters of that precinct and had no suspicions about those appearing on the list mentioned, and that if he had been asked to swear that they were suspected voters he could not conscientiously have done so. The name of Braun was one of those upon this list, and the cause of disqualification assigned was “Don’t live there.’’ Before separating that evening, the Board of Registers went ³³⁸ over this list with the books of registration and mailed to the address of each person thereon as given in the books, the*required notice to appear and show cause why they should not be stricken off, and also went in person, and served similar notices upon such persons on said list as they could find and left said notices on the premises where the persons could not be found.

Mr. Watson, together with the two Democratic registers, went to 612 East Lombard street, and not finding Braun there, left the notice with some one on the premises for him. Braun did not appear, but he"was not stricken off by the registers, because Mr. Charles H. Carter, one of the Supervisors of Election advised the board they could not properly act upon the list in question. Thereupon Mr. Applegarth filed his petition in the Court of Common Pleas to have Braun stricken off. The Court directed summons to be issued for Braun as required by sec 24 of Art. 33 of the Code of 1904, and this was returned "non est as to Valentine Braun, and summons left on premises 612 East Lombard street,” and at the hearing his name was ordered stricken off, the Court being of opinion that the list of suspected voters was such a list as the law contemplated, and that the summons was properly served by leaving it on the premises. , • With this conclusion we fully agree.

Sec. 24 of Art. 33, provides that “when the object of the petition is to strike off the name of any person alleged to be fictitious, deceased, or disqualified, summons shall also be issued to such person, which shall be served by the Sheriff within the time therein designated at the place of his residence given in the registry.” Three classes of person^are here provided for, by one method of service ; if personal service were required, there could be no rational or satisfactory reason assigned for requiiing such service at the party’s place of residence, since it would be as effective if made at any other place. As to fictitious or deceased persons, the reason for requiring service at the residence given in the registry is obvio us and rational, since no personal service could be made upon either, and unless some constructive service were provided, the registry lists could ³³⁹ not be purged from the frauds by which fictitious names are sometimes entered, and the frauds or errors through which the names of deceased persons are sometimes retained upon the lists. It would be physically possible in some cases to give personal service to one disqualified by removal, but in most cases it would be practically impossible to do so, and we think this class of persons was wisely included with