The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1859-11-08
especially your obi servants,
WM. S. FISH, 9th Ward.
GEO. Il. BULL, Sd Ward.
ArroENEY-GESERAL's OFFICE,
November !, 1859.
Messrs. WV. S. Fish and GEo. G. Bull:

NoNeinoeE i, 1907.
Messrs. WV. S. Fish and GEo. G. Bull:
Gentlenen-In your letter of yesterday you
inform me that YOU are electors of the City OF
Detroit under the constitution; that this fact is
known to the Board OF Inspectors Of the Wards
to which you respectively belong; that by neg
lect on your part and omission on the part OF
| the Board of Registration, of your respective
| wards, your names were not registered, at the
| registration in October last, as required 10y the
registry law of Feb. II, 1858 and you desire
my opinion whether, under these circumstances,
| you would be justified in offering your votes al
the approaching charter election Ito be held on
the sth of the present month, and whether, il
you do offer to vote, it will be the duty of the
Board of Inspectors of Election of the proper
wards to receive or reject your votes.
Although nv official duty does not require me
| to reply to your questions, Vet the importance
which seems to be attached to them is in my
- ~ ~. - j---;'r mo in Giving Won my
opinion. The real question, when simplihed, is
whether an unregistered voter has a right TO de-
post his vote at the coming charter election
| Ny opinion is that he has not.
Under sec. of the city charter, as enacted in
1857, p. SO, it is declared that the qualifications
| of electors shall be those described in the frs,
| section of the 18th Article of the Constitution OF
| this Sta:e-recitng that article at length
This il the same article which the registry ACT
Of 1859 tsec. y requires to be inserted in the
| notice Of the time and place of registration a,
cities, for the year 1859. This notice is required
to be inserted in handbills, and TO be posted up
| in at least twenty conspicuous places in each
| ardrd, before the registration is had in the ward
| ! am compelled TO presume that the Aldermen
have in this respect obeyed the lar, and that
such notices have been regularly and legally
posted up; because the law presumes that every
public officer charged with its execution, has
performed the act required.
The registry act declares that the Board OF
Registration shall hold their sittings during from
three to five days; that during the two first DAYS
| they shall not write down in the register the
| name of any person without his personal request
but that il shall be their duty to complete the
list by inserting the names of the remaining res.
idents of the ward known to them to be qualified
voters under the above mentioned article of the
constitution. Thus during the first two days il
is the right and privilege of the voter to write
his own name in the register, or To cause it to
be done by an Alderman; and during the re-
| naming period of their session it is made the
duty of the proper Board of Registration to
write down the names of those entitled to vote
but not registered.
Section of the act requires that at any such
general, special, or charter election in the city,
and as soon at least the poll in each ward is
opened, the City Clerk shall cause the proper
register to be placed in the hands of the Inspec-
tors of Election, to be used by them during the
same, and returned TO the City Clerk Immediately
thereafter. And they shall not receive tie
rote Of any person rhose name is not wr;ten
therein; )" although the person Offering TO vote
may even then have his name registered as pro-
vided in section II, and by complying with the
terms therein prescribed, And under another
section the vote may be challenged on the ground
that the party offering is not registered.
l entertain no doubt of the cOnsttutionaty OF
this law, and consequently of the legal duty OF
the Board of Inspectors TO reject the vote OF
every person whose name is not, before offering
his vote, duly Inserted on the register Of the
proper ward.
Very respectfully yours,
j. NJ. HOWARD,
I =,