The Cass County Republican. [volume] (Dowagiac, Mich.) 18??-1880, 1864-01-28

ton incident TO the general legislative
power to do it, so that the government
may be perpetuated and sustained. -
"Our simple inquiry, therefore, is
whether the Constitution has so fully
and clearly prescribed the time,
place and manner of holding elections,
or either of them, as to leave by impli-
cation no power in the General Assem-
bly,to prescribe them, or either of them,
in the way and to the extent they have
attempted to do, in the act in .ques-
ton. - f.....
SIN relation to the time, place and
manner of holding elections, the CON-
stitulions of the several States differ.
In some of them all these are prescri-
bed with that particularly which for
bids all action of the Legislature. 3 In I.
others, neither are prescribed, but the
qualifications of the voters are fixed,
the power to regulate the time, place
and manner, committed to the Legisla-
ture; and in such States the reception
of votes ont of the State may be con.
stitutionally authorized"
This doctrine of the Connections
Court is sustained, substantially, by all
the cases which have met my obser-
vation. 1t seems to me, also, the doc
trine ofgood sense. Taking these prin-
ciples as guide, it will not be diff
cult, / think, to determine whether
the Constitution, of Michigan "has SO
fully and clearly prescribed the time,
place and manner of holding elections,
as to leave by implication no powerin
the Legislture to prescribe them, or
either of them" 1t has certainly SO
prescribed the time. In section "a of
article 4, section of article 5, and sec.
ton of article s, the Tuesday sue
ceediugthe first Monday of November,
in the year 1852, and of every second
year thereafter, is established as the
time of holding the general biennial
election. And it is clear that every
election of State officers and members
of the Legislature must be upon that
day. and no other, IN spite of any leg
islative enactment whatever. 49,. esSr
If the Constitution is equal explicit
as to the place ndmanner of holding
the elections, then we may dismiss the
discussion at once, and obey the pro-
hibition; but am confident it will be
found otherwise. e.a
That instrument has no where re-
quired that the election shall be held in
amy particular place or number of
places, norin any particular manner.
No election districts are established or
required to be established, nor are any
rules prescribed for the form or extent
of such districts. They may be formed
of entire counties if the Legislature SO
choose, unless the requirement that
Senators and Representatives shall be
elected by singe districts affects the
| question. Neither is the manner of
holding the election prescribed. except
that the vote shall be by ballot. All
these things have been left to the Leg
islature, unless the concluding words
of section /, article 4, should be held to
provide otherwise. This article is
headed ssE'lectioaas," and deals entirely
with the qualifications and privileges
of electors, except that in the SECOND
section the vote is required to be given
10y ballot, 'sexcept for spch township
"fficers as may be authorized by law to
he otherwise chosen" The words of
section l, referred to, are as, follows:
But no citizen or inhabitant shall be an
+lector, or entitled to vote at any elec-
ton, unless lie shall be above the age
of twenty one years, and has residedin
|
township or ward in which ho offers to
vote ten days nezt proceedings such
election" These are fit words to
establish the qualifications of voters,
but not to control the Legislature as
TO the places where polls of election
shall be established and votes offered
and received. They speak directly as
to age and residence, and only to those
qualifications. All else is incidental
aud explanatory. The elector must
be twenty-one years of age, and he
must have had residence in some
place, or number of places in the
State, OF three months, and in some
particular township or ward ten days
next preceding the election at which he
offers to vote. Can any greater scope
be fairly given this to clause than thata
If it was intended to forbid the Legis-