Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1866-10-13
Letter From Mr.. Kelnedy-New View
Of the Registration Law.
CHARLRs1owN, OcropER Alb, 1865.

day or Two past lesNeIuaJ a0'"
f. Conservatives from the CharIesIown
township, and ilty-six believe, ttom
! tlsrper's Ferry, were summoned 10 aP-
pear before thai august tribunal. AS me
summons included Tie writer of this, pre-
caution was taken TO GEL an exact copy OF
II. Here it is:
STATE OF WEST VIRGlSIA-
TO the Constable Of CharlestOUn I:
You are hereby commanded 10 sum
mons The following named persons 10 aP'
pear before the County Board of Regis
ration on Wednesday,, October 81, 1856,
10 show cause why their names SHOULD
no, b. stricken of the Books.
Here follow the names Of The twen!y.)
r Please return this.
C. D. TRAYNER. Clerk.
Tbi. summons is without date, bu! |!
" s served on lie al O'Clock, A. NJ Of
The 81, and the constable iniorme me
tia, il was served upon eight of me TWEEN
" ramed-he mol having lime to per
TORN that dulv as to all on tie list
The summons for the HsTper's ferry
tow nshrp did not see, but il is far to IN
Ter that ii is copy OF thai from Charles
Iowu. Thai was served upon nearly all
of tile SO on The %, tue day before iht
trIsl day.
BY .he s,h section Of the Registration
Acl-Acls &C, page 76-the County
Board Of Registration is empowered TO
examine HE books of the different town
ship registrars land if they are satisfied
that any person h $ beer registered who
has been gully u! any Of Ihe acts emu.
meraled IN the affidavit, contained in thai
section, or is in any way disqualified TO
vote, under the provisions thereof, II shall
he the duty Of said board 10 exclude the
name o! such person from the list OF the
registered voters, upon proof Of any such
act o, disqualification buI the parry
whose name is proposed to be excluded,
shall have due notice Of the time and
p'ace Of TAXING THE EVIDENCE TO Prore
bis disqualification, which evidence Arj
shall hare the right 10 re6W."
This section gives lie board the pow
er TO exclude, but ii prescrbes The man
Iner in which i, shall be done. FITSl,
there must be proposition 10 exclude.
The law does NOT say who may make
this proposition. The inference. howeV
er, is tina, il must come from one OF The
board as hey alone have the power to-
exclude. II is certain that wi:hnuI the
proposition no one can be legally brought
before lhe board and it is the fist thing
in order, for after The proposition comes
lie notice.
The notice is Of he time and place.
when and whtre-tte evidence will be
iahen-not heard simply. bot reduced 10
wrifing. Thar. the way known in
which, legally speaking, evidence can be
taken. The word take in this sense
meaus more than receive. 1t means TO-
axe bold Of. /
The notice is not TO The party hmseii
10 appear The law does not authorize
The board 10 DO any such thing but sim
ply 10 notify such party that propose
ton has been made 10 exclude hun ana !
.hsl evidence to Prove his dIsquaIIhca'
ZION will be taken al the place and iIne
mentioned. There certainly Is no Ia"
authorizing the board 10 summon parry
souph, TO be excluded 10 appear ana
"sho W cause las in the case oil Tie wen
ivy whv his name should not be stFIcEeh
off The book" This, however, has been
the practice OF the board in this county
IN numerous instances. Take lac case OF
Osborn township, for instance. There
about forty persons were thus summoned
and because they failed 10 appear their
names were so slrickel off and The par.
ties refssed the right Of suffrage.
But again-afier the party had thus
been legally notified Of the time and place
and tire evidence taken, what next IS to be
done E! Why. under the law, he has
right given him 10 rebut that evidence.
The evidence in chief and the rebut-
ting evidence being all aiken, whstlhen
The board must be "SatiJed that the
person registered has been gully oil
some one or Ill OF 1.-THE acts enumerated
in the affidavit, or is Otherwise dIsquallh-
ed to vote under the provisions OF SAID
acr." Tha, is The law as II is written.
The board must oe satisfied. Not part
of the board but The ,OhOle board. 1.-The
board" does not mean majority OF il,
bu, the whole oft. If one registrar dis
sen,s ,herefrom, the Party cannot lsgslIy
be excluded. They sit as jury sworn
to determine the mailer upon pr0of and,
if they do not agree, they cannot find
man guilty and exclude bin from The
registry.
| have commenced thus briefly upon
~ l. 81. -, tho douhle purpose of showing