Meloy v. Scott

Fowler, J., delivered the opinion of the Court. The appellant claims to be a resident of Prince George’s County, in this State, and that he was a registered voter of the Thirteenth Election District thereof on the tenth day of October last, when his name was stricken from the registry of qualified voters by the appellee, Bennett C. Scott, registration officer for said district. From this action of the appellee the appellant appealed to the Circuit Court for said county, but that Court affirmed the ruling of the appellee, and hence this appeal. Subsequent to the trial of this cause below, and before it was heard on appeal in this Court, the law under which the appellant claimed the right to be registered was repealed, ³⁷⁶ and a new law has been enacted by the Legislature, by the terms of which a new registration is required to be made by new officers.

Hence, by the well-settled law applicable to such a condition, the rights of the parties must be determined by the law existing when the case is heard and finally determined in this Court, and the law existing at the time the cause was decided by the lower Court must be treated as though it had never existed, except in so far as the former law is saved by express provision of the repealing law. And especially is this so when, as here, the repealing law makes sweeping changes and introduces a new system before unknown in this State. Wade v. State, 43 Md. 178 ; Dashiell v. Mayor and City Council, &c., 45 Md. 615 ; Keller v. State, 12 Md.; Day v. Day, 22 Md. 530 ; Price v. Nesbitt, 29 Md. 263 ; Montague v. State, 54 Md. 481 . Assuming, without deciding, that the order appealed from is erroneous, where is the injury to the appellant?

His right to vote at the next election will be determined by the new and not by the old test. Under the new law “ Only persons constitutionally qualified to vote in the precinct at the next general election, and who have personally applied for registration shall be registered as qualified voters.” Sec. 16, sub-sec. IV, Act of