Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1867-04-03
A SCHOOL MIDDLE.

The Governor and the Enterprise have
succeeded in getting our Public Schools
into a very nice litter and muddle.
Section 81 of the amended School Law,
approved March 8, 1867, provides that
an election for three School Trustees
shall be holden in each School District
throughout the State, on the first Tues
day of April, 1867; and provided fur
Their, that
URegistration shall not be deemed a
necessary qualification for voting at the
Trustee elections; provided, thatin other
respects, the persons voting are quail
fed electors"
Now this provision of the said amend
ed School Law is directly in d~erogation
of Section 9Th Of Article II Of the Con-
stitution, which relates to the right Of
suffrage, which is as follows, to-wit:
"Sxc. 6. Provision shall be made by
law for the registration Of the names Of
the electors within the counties OF which
they may be residents, and for the as
certainment by proper proofs of the per-
sons Who shall be entitled to the right
Of suffrage, as hereby established, TO pre-
serve the purity Of election and to regulate
the manner Of holding and making re-
turns Of the same; and the Legislature
shall have power to prescribe by law
any other or further rules or oaths as
may be deemed necessary as a test or
electoral qualification"
Section Sd Of the same article Of the
Constitution, provides that ''registra-
ton, on the payment Of a poll tax, shall
not be required as a condition for vot-
ing for other persons otherwise entitled
to vote, engaged in the military or M
pal ,erries Of the United States" Now
these constitutional provisions override
the enactments Of the Legislature or the
approval Of His Intelligency. There can
be no doubt but that the election Of yester-
day pGs null and roid.
But the unconstitutional provision Of
the amended School law is false in an
other respect. Sec. II, Of Art. 4, Of the
Constitution, in treating Of the powers
conferred upon the Legislature, provides
that
mo law shall be revised or amended
by reference to its title only; but in
such edIe, the Act as revised, or section
as amended, shall be re-enacted and
amended at length"
Now, this amended School Law Of the
Rev. Mr.. Fisher, which the Governor,
who brides himself on his constitutional
and legal knowledge, approved, with
unusual haste, modi6es, repeals or
amends Sec. II Of san Act to provide
for the registration of the names OF
electors, and for the ascsrtainment by
proper proofs of the persons who shall
be entitled to the right Of suffrage
Without referring to it, even byitstitle,
in the said amended School Law. This
section IT ofthe Registry Law provides
that
"No person shall be entitled to vote
at any election precinct or district, I'M
less his name shall, on the day OF cleo
ton, appear on the register furnished,
as in this case provided, for such pre-
cinct or district"
It occurs to US that a portion Of the
said law is void; that the election of
yesterday is unconstitutional, illegal
n Of course void. The probability is
that there was not one legal vote cast
in the entire State yesterday, because
section "a OF "An Act to provide Reve-
nue. for the support of the Government
Of the State of Nevada, approved March
9Th, 1885," declares that
"No poll-taI receipt shall be valid for
any year, unless issued after the first
Monday in February of each year"