The Lansing state Republican. [volume] (Lansing, Mich.) 1855-1874, 1860-10-24

4
presenting collective reply, and presume the
writers viii feel dSobliged by it. Besides, it
has occurred TO me that the publicity of INV views
in this form may furnish some useful hints 10 Of
ticers throughout the State charged with the
performance of duties under that new, but in
NV opinion, very beneficial and easily under
sVood statute.
In the subjoined paper | have endeavored 10
state each question that has been put me, clear
| ", though briefly, and TO answer it with equal
paiuness.
| Very truly yours,
| j. VI. HOWARD, iuy Gen.
lst. Have the Board Of Inspectors during the
election a right to 90 back OF the registry list
and determine tor themselves whether a person
whose name appears therein has been legally
| registered:
ims No. The process OF registration is pre-
liminary and Introductory TO the exercise OF the
right TO vote, and cannot, when completed, be
reviewed or overhauled by the Board of Inspect.
ors.
ID Can person legally cause Lis name to be
placed the separate paper" or memoran-
dun kept by the township clerk. as required by
section IL. without applying 10 the clerk or his
deputy an person.
Ans. think not. The act of the clerk in
IL UlIiBt 80 tbldiUSu, 10 inc DDiIu VI
Registration of the township, wiz: the supervi-
sor, treasurer, and clerk at It's next meeting.
"ior examination ard review" would doubtless
be a violation of his s@orn duty. But he
acts under the sanction of his oath O. Office, and
as the Board themselves are at their meeting TO
act finally and conelusiyely upon the names be
has presented, their insertion of the name in the
regular book of registration would preclude the
Board of Inspectors from denying the legality
of the registration. II the party has imposed
upon or couded with the clerk. the former, and,
in the last case, both would tie ameuable 10 pu.
nitive proceedings.
Sd. Can the Board of Inspectors, in case the
vote OF such person is challenged at the polls,
swear him as the manner in erhich has name cas
registered.
IRS. No. They have nothing 10 do with the
registration, except 10 register the names, on
election day, OF such persons whose names have
been already registered; and the mode OF per-
forming this duty OF the Board of Inspectors is
| clearly pointed out in section ii OF the act.
4,b. Is the Board OF Registration authorized
to insert in the registry Q. electors lihe Off
cial book,l the names OF persons without the
knowledge o. such persons? and if not au-
thorized, must such persons have their names
again registered:
| Ans. The Board is so authorized, and their
duty requires them, in case they know of any
person, whose name il not yet inserted in any
register but who will be actually entitled TO vote
at the next election, IF then residing in the
; townShip,) TO write the Eame OF such person III
the register and 10 note the day and year OF the
entry. This is but part Of the process Of com
pletng the liz: of qualified voters" as required
by section l.. Ii is register and proper regis
tration of the name, and of course the bearer
OF il has no need of another rcgstraiiou, nor is
he permitted To resort to il. The Board ia thus
{ registering the name. act upon their own inlor-
nation, aud their official responsibility, and or
their oath OF office which oath is required to be
taken by section 2S
9TH. Is the township clerk when individually
, applied TO by any one, bound by law to write
, his nsue or suffer the applicant TO write it, On
his memorandum ?-and if the clerk refuses,
what remedy has the applicant?
A'1s. On such an application, il is the legal
duty of the clerk to entertain and act upon it,
! and if he wilfnlly, aud corrupt.y refuses, he
! makes himself liable to the injured party for
, damages in an action on the case, and to pro-
secution for a misdemeanor, as provided in Sec
ton -. The person so injured has, of course,
the right to apply To the Board OF Registration
: at its next meeting, and, whether he does not
it is their duty, j. they persuaded that be
has right to be registered TO insert his name
If absent from the township during such meet
ing, he has the same right Others TO have his
name registered on the election day, under sec
ton II.
9th. As to the book register Of electors, } which
the Board of Inspectors of election slust have
before them on the day OF the election
The authentic book is the one which has been
provided" by the Board OF Registration, as
required by section ., arranged as required by
i ID "a hoip th.,c No. l. Il: 4 \
section 10 the supervisor was required TO have
with him while making the assessment of prop
erty in 1859. The statute csntemplates that the
township clerk snail be the keeper of this book
except during the sessions OF the Board of Reg
stra,ion, when they are to have il: and during
. those of the Inspectors Of Election. on the day
OF election, when the latter Board must have il
before them; and the clerk is required to place
il in their hands 5 SODA as the polls are open,d
on tie day of cieetioa. TO cut, burn, mutilare
or destroy this register, or To- take AID carry il
away, unlawfGlly to conceal the same or re
fuse or neglect to render the same tciH in
tent to precent us beiRg asea as oontempiatei Jy
Tar, is declared TO BE- larceny, and the party OF.
F Tending is punshab by imprisonment for five
years ia the State Prison, or bv fine Of $500
and imprisonment in the county all not more
than year less than ninety days (Sec-
ton Zp.) But if on the election day it appears
that Tie book cannot be produced TO the Board
Of Inspectors, copy NAV be used and If 10
copy can be obtained then, OF course, the elect
ion must proceed at that poll as if no regstia
ton were required; and the authors OF the loss
disappearance, or destruction Of the book, should
be held 10 the sevcrest responsibility.
Ii should be added here that by section 81
every township is required, within twenty DAYS
after the approaching general election in Novcni-
Der next, to certify aud transmit to the COUNTY
clerk ct his county, true copy Of the contents
of his Register of Electors" for preservation.
and that each township clerk and CITY clerk il
by section 20, required to forward to the Secre-
tary CT State, at Lansing, annually in the month
OF November, the aggregate number of names
on the registers Of the township and various
wards, of persons registered but dead or remov.
ed. These provisions are important, and ought
to receive the prompt attention Of those officers
The township registers include the village reqis
ters, ard in returning TO the Secretary Of State
the aggregate Of the names, the proper township
clerk should embrace |; in the aiiiaqe list inciu-
ded in the township.
IL should De added, further, that each clerk Of
the election an a city arard, should as soon as
the polls are closed, ma before counting the
votes, (section 81 proceed a; once to insert upon
the haudblIl all the names Of citizens then ap-
pearng on the register and 10; on the handful
SO that the hand6il thus corrected shall be a
true copy OF the list then appearing on the reg
ister This handful thus corrected (;f a,v ro-