Hanson v. Daly

Burke, J., delivered the opinion of the Court. . John J. Hanson, a qualified voter of Baltimore City, filed a petition in the Baltimore City Court in which he prayed that the name of Harry J. Daly be stricken from the registries of voters of the First Precinct of the Fourteenth ²⁸⁸ Ward of Baltimore City. The ground upon which the application was made is that Harry <7. Daly was not qualified to register as a legal voter, hut that he was registered in said precinct on the fourteenth day of October, 1916, on one of the days provided for the registration of voters in Baltimore City.

An answer was filed to the petition, and the case was heard by the Court upon the petition, answer, and an agreed statement of facts, wherein it appeared': 1. That Harry J. Daly on November 9th, 1915, made before the clerk of the Superior Court of Baltimore City, the declaration of his intent to become a citizen of the State of Maryland, provided for by section 29 of Article 33 of the Code of Public General Laws. 2. That said Harry J. Daly applied for registration in the .First Precinct of the Fourteenth Ward of Baltimore City, wherein he had resided continuously for more than six months prior to November 7th, 1916, on Saturday, October 14th, 1916, and was duly registered by the registration officials of said precinct as a duly qualified voter therein. 3. That the name of said Harry J. Daly was not placed on the “suspected list,” provided for by section 21 of said article, because said list was required to be sent out not later than Friday, October 13th, 1916.

The lower Court dismissed the petition, and the appeal before us was taken from that order. Upon the facts stated, we are of opinion that the Court had no jurisdiction to hear and determine the question presented by the petition, and that its order dismissing the petition should be affirmed. In Smith v. McCormick, 105 Md. 224 , where a petition was filed to strike the name of Thomas Carney from tire registries of voters of the Third Election Precinct of the First Ward of Baltimore City, we said: “The evidence shows' that on the 25th day of