Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1869-06-26
rnIoIEINa KfGIsrRARs
On the ed inst. the Stokes organ
here published the following order

~ Il
This appears to have foreshada
,wed a pfeconeerted plan to pre-
vent citizens clearly entitled TO vote
from being registered, for on that
very day an injunction was sued
out by the late registrar of Shelby |
against Mr.. J, D. Boughner,
who was appointed and commits
stoned on the 18th inst. Williams
was removed for notoriously cor
rupt practices-issuing an unlimit-
ed number of certificates in blank
to hispartisans to be filed up and
handed TO such parties as they might
see proper, and at the same time re-
fusing upon various pretexts to reg
lister citizens who clearly came With
in the provisions of the fran
ehise law, simply because he
suspected they would not vote as
he desired them. Williams sets out
in his petition for an injunction
that he is commissioner of registra-
ton; that no legal steps have been
taken for his removal so far as he
is informed; but that Gov. Senter
has assumed the power of removing
him and appointing BOughner IN
his place; that Boughner has been
commissioned and demanded the
books and papers that he is ad"
vised that the Governor has no le-
| gal right to remove him; that the
act of removing an officer from an
| Office is judicial act which the
| constitution forbids the Executive
to perform (; that the act of thu
Legislature, of February 26, 1868
which authorizes the Governor tt
| do this is unconstitutional and void
| in that it does not follow
the mode prescribed by the con
stitution for the removal of civi
officers, and in other respects
The injunction was grante'
by Chancellor Smith, and the cas-
was set for hearing yesterday. Tn
Injunction commands Mr.. Boughne
q to refrain from performing an.
of the duties of commissioner o
Shelby county" until further orders
As to the Injunction, in whateve
| waV il may be decided, the resni
| will be the same for Williams. ]
| the Chancellor decides that tn
| Governor rs not the right to re
move registrar, the office revert
to Mr.. Davis, the original appoln
| tee if he decide that he has tn
right, Mr.. Broughner is the aPpoln
| tee. In any case Williams is no
an usurper, and should be so treai
cd. This is the case with perhaF
every registrar that Gov. Senter ha
removed OF may vet remove, the OF
iginaI appointee having been re
moved by Brownlow to make rool
for more plant, As in the case
Williams. The object OF havin
Gov. Senter's appOintees enJolne
is to defeat fair and honest a.
ministration of the franchise Law
for those engaged in the work SUI
| rect, and not without cause, tn
the great body of those whomay !
registered between this date an
| the election will not vote tor NJ
II Stokes. 1t is the desperate game
desperate mcu. The Knoxvil
Press and Herald has 4 well-consi
, cred review of the suggestion OF Il
State Journal (Stokes organ touc
| ing the enjoining of registrars,
which we wish to direct special u
To- te0tion
at -, ..,-,,,,;,a tba ,ronnsitinf, far
moment, in the light OF reason and
law. The Commissioner of Registrati
+ is the creature of the Governor. Und
E the law the Governor appoints him, n
he eau remove him at his will He
D not required by the law to state a
[ | reasons for the removal 1t Is enOugh
| him TO know and to say that the pub
interests require Il change, and OF I'll
necessity he is the judge. The people,
- ibis extent, cOnfide in the integrity u,
discretion of their Executive. Now, I
Il Supreme Court, in its recent decision
c Brownsville, declared that CommlssIo
, or Of Registration is judicial Office
In other words, the court, 10y that q
, cisiob. declared that in all questions pl
perIy brought before him for declsiC
under the law that created his Off
: he was as independent in his ludgmei
q As the Circuit Judge, sitting as the hIs
est judicial authority OF the State. /
sides the law provides for NO appeal ir'
Il the decision Of Commissioner OF lie
.c istraiion, there is no court OF app
late jurisdiction. Whoever may be u
, arieyed by his conduct is left to his or
is | nary remedy at law, III an action sOun
ing in damages. Ii is, we believe, "
understood among lawyers-although
l. may offend that great legal mind of viii
r. the State Journal speak5-that courts
original aud coordinate Jurlsdlctl
"a cannot stay or enjoin the operations
1T each other. A sultor IN court OF !
10 may be epioined by a Chancellor, or
a Circuit Judge, from proceeding W
II his case, upon good reasons shown,
ne lac would be- a reckless Chancellor "
, would undertake to enjoin a Circuit JuC
." from holding his court, OF from render
o his Judgment in a particular case. n,
l. a commissioner of registration being,
the opinion Of the Supreme Court, a
IN dicial oficer-in other words, cour
he registratiou-he would have as mt
- right to enjoin Chancellor who mi
undertake to Interfere with him, as
n~ chancellor would have TO stop him
e. the discharge Of the duties Of his OH,
"The Commissioner, as a Judicial {
j" Ger. snstains to the public The same
lal spunsibilities and liabilities as the ia
- nf The court or i ChancelloT-nOt tn
less, no more.
.es nMn nfInr fhrse NieMs with all due