Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-11-02
From the Baltimore Sun, Oct. So.l
The Effect OF Reglsarat tIOn.

rs to the duties of the judges of election,
In conducting the State elections undor IL,
ought to arise. Nevertheless, the controll-
ing influence, of the registry upon the
| judges of election has been called In ques-
tion, and their right and duty to GO behind
the registry for the purpose of excluding
from the ballot voters whose names appear
thereon, has been insisted on very vehe-
mently by some persons. A little consid-
Grafton OF the scope aud spirit of the law
may serve TO dissipate this error. In the
case of Anderson, decided by tho Court OF
| Appeals last year, the court manifestly take
the view that the whole subject of inquir-
Ing into the qualification OF voters Is taken
away and transferred by the law from the
Judges of election to the registers. Chief
Justice Bowie, in that case, said: THE
power conferred on the registers by the act
of Assembly carrying into execution the
provisions of the Constitution, is police
or political power, closely analogous to
that previously committed to the judges
of election; power on the due exercise
of which the inauguration and succession
| of the several departments of the Gov
ernment depend. Under the old system,
the judges determined the qualification
of the voter at the polls; under the new,
| the registers ascertain and enroll before
| hand those who are qualified and
those who are disqualified" Judge Coch-
ran, In the same case, speaking of the uon-
stitutional provisions on the subject, says:
"They require the General Assembly to
pass such laws for the registration of vot-
ers as they may deem eXpedient to carry
into effect these DISTINGUISHING clauses, and
| Ia declaring it to be the duty OF the officers
of registration carefully to exclude from
registration all disqualified persons, they
| 81 far
| size jurisdiction and p0tcer TO determine final
III and IN full all questions as to qualltca-
| tion and right to registration" Judge
| Weisel, in like manner, after adverting to
| the Importance of ascertaining the qualifi-
cations of voters, and that heretofore the
| power was conferred upon the judges of
| election, proceeds to say: "The registra-
| tion of voters Is but another mode of at
tanning the same ends introduced into the
government of other States, and now au-
thorized in Maryland. 1t has the advantage
Of ascertaining before the days of election
who are qualified to vote at the elections
when they arrive. The officers are appoint
ed by the Executive of the State with care
and a Just regard to their qualifications for
the duties of the office. They are sworn to
perform those duties to the best of their
skill and Judgment, diligently and faith
fully without partiality or prejudice. They
are to sit at times and places made known
to all interested by the most public notice,
and their mode of procedure is marked out
by law. The judges Of election are By this
means relieued from duties ,ohich they could but
inpertectiy perform in the brief space of one day
at he crOlUded polls Of an exciting election"
There are other expressions in these opin-
ions besides those we have quoted, of a
similar bearing, but those we have given
show that the Court of Appeals understand
that the duties which heretofore devolved
upon the judges of election have been trans
ferred to the registers, who now sit as a
court, with ample power and opportunity
to examine the qualifications of the voter,
and with every means to. hear and decide,
to summon and interrogate witnesses in de-
fense as well as against every citizen, which,
from the nature of the case, the judges of
election cannot do while they are receiving
and counting votes. But besides the argu-
ment to be detluced from the spirit of the
law that the judges of election are relieved
from the performance of dutits for which
they have no adequate means, the second
section of the Constitution declares that
the registration shall be evidence of the
qualification of voters TO vote at any cleo
ton thereafter to be held. If it be evidence,
the citizen has right to rely upon that ev-
idence, and is not bound to bring any oJher
proof Of his qualification. According to
the terms of the law, after the registration
Is made the list of names is published, and
the registers meet again for the correction
of the registry. If any man has been i'm |
properly or inadvertently registered, the |
public is warned of the fact by the publ |
cation, and at the revisory meeting of the |
registers is the time and place for an ap- |
peal or revision of the prior Judgment. |
There is no other appeal provided for-there |
is no other opportunity given to the accused
to defend himself, and of course there can
be 10 other opportunity contemplated by
the law in which accusers may lie by and
suddenly and by surprise prefer charges
and adduce witnesses against party who |
has not at hand the means of defense. The |
law takes the utmost pains to provide for |
full Investigation in every case; and hav-
ing so provided and directed judgment to |
be rendered, the ordinary consequences
must follow that the judgment is Binding |
and conclusive against all the world, be- |
cause all have had timely notice and fair |
opportunity of time and place in which to
challenge it.
But It is suggested that, however true
this might be under other circumstances,
the Constitution having required the judges |
of election at the first election to administer
the oath of purgation to the voter, and au-
thorize them to administer it at any subse- |
quent election, and having declared that the
taking such oath shall not be deemed con-
elusive evidence of the right of such per-
son to vote, the power Is thereby conferred
on the Judges to review the action of the
registers in every case. The argument is
entirely unsound. The Constitution, the
registry law, and the general election law
must all be construed together, and every
part must have its just weight, so that one
shall not override another. Now, it is OBJ
vious, on reading the Constitution, that the
provision in regard to the power of the
judges of election to administer the oath
was inserted for the following reasons: At
the first election under the Constitution the
registry law ooouId not go into effect, and it |
was contemplated that 1t might not 90 into
effect for several elections. as the second
section of the Constitution declares that no
person shall be excluded from voting at
any election on account of not being regis
tered, until the General Assembly shall
have passed an act OF registration and the
same shall have been carried into effect,
after which no person shall vote unless his
name appears upon the register. 1t was,
therefore, to these several elections, In re-
gard to which the qualifications of voters
had not been ascertained by registration,
that the Constitution mainly referred in
declaring what should be the effect of the
oath upon the applicants right.
There Is also another condition ofthingst to
which it will properly apply. Between the
time Of closing the registry and the regular
election there is an interval of time in
which disqualification may be incurred.
There are also frequent special elections
4 - r.. ~. 4