Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1867-06-13
THE DUTIES OF REGISFRATION
COMMISSIONERS.


Section ID Of the franchise act of Feb
ruary 25th, 1867, says:
''The said Commissioner shall keep his
Office at the county seat of the county and
it shall be his duty TO take the proof re-
quired by this act, and to register the
names of each and every qualified voter,
and to issue certificate that such voter is
entitled to the privileges of the elective
franchise; and he shall preserve and keep
the necessary records of his office, and shall
receive from the Treasurer of the State the
sum of one hundred dollars, TO be paid on
the warrant of the Comptroller of the State;
and said Commissioner shall make re-
port to the County Court at each quarterly
session thereof, showing the number OF
voters registered previous TO said quarterly
session"
Under the obvious meaning Of this
language the Commissioner is in the ac~
tive and not the passive voice. He is to
register, to take proof, and to issue certlh-
Gates He is 10 instruct applicants in the
requirements of the law, facilitate in
every mode compliance with the law, and
take care that it is complied with. In
other words, the law enjoins upon him
the furnishing to the County Court on the
lst Of July next, as complete and accurate
a registration of the voters in each county
as it is possible for him to make The
object of the law was to place in the
hands of the officers Of election in each
county list Of the qualified voters The
powers conferred upon the Commissioner
are extensive, and are both Judicial and
ministerial The law makes him almost
absolute, but requires that he shall take
active steps to discharge his duty thor
oughly
A different view from this seems to
have been taken by some of the Commits
sioners. They appear to think it their
only duty is to open an office, provide
certain lists and blank certificates, and
then assuming the attitude Of challenger
to every applicant, compel them to run
the gauntlet of every technical and trivial
objection that may be offered 1t is the
presumption of law that only qualified
voters will apply for registration. 1t Is
the presumption Of Commissioners that
every man not introduced under certain
auspices, is disqualified and is cognizant
of the fact, and forthwith upon him is
cast the oauS probdndi. He must set to
work to rebut a foregone suspicion, If
the poll list of a previous election is
necessary to establish his claims, he is
required to examine it, and after
pointing out his name and identi~
flying himself he must verify
the list to the last letter. Apparently
prejudged as disqualified a freezing in
difference is manifested to the difficulties
he is called to encounter, and every step
of his work when presented is scruti-
hized for flaws If the multiplication of
obstacles at length defeats him, it seems
10 NC d NSuti " huG OAhb ihic- AhCAO
seems to be an utter obliviousness to the
fact that they were put there to make a
registration of voters, and to make it as
full as the law will allow and that to do
their duty Aey should extend every pos
sible facility to the applicant. We hold
that the commissioner is appointed to
register voters-all the qualified voters
and if his list does not contain all of
this class who apply, he is derelict in his
duty as an officer; and if he thwart, by
negligence or willfulness the registration
of any qualified voter who requests it, he
is responsible in damages to the party so
treated 1t is the business of the
officer of the State to have the
poll books, which are the proper
ty of the State, a hand, to have
them in due form, and conveniently
placed for reference as proof If, through
the fault of some official, that is impossi-
BILE, the rights of the citizen should not
be adjudged to be forfeited but it is
clearly the duty of the Commissioner to
take parole proof and proceed to issue
certificates upon identification and COM
pliance with the other requirements of