The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1869-07-01
The Registry Law.

On last Saturday week, Judge SHARs-
WOOD, one of the Judges of the Supreme
Court. then holding Court of Nisi Prius
in Philadelphia, delivered lengthy and
able opinion, in which lie pronounced the
Registry Law passed by the last Legislature
unconstitutional. The opinion is too long
for US to publish. 1t is safe to say that
there is not lawyer in Pennsylvania, who
understands the provisions of the general
election law, and who has ever read that
clause in the Constitution defining the quail
ifications of voter. who will not concur in
the scundness of Judge SHARsWooD's rea-
soning. Although he has been denounced
IN uumeasured terms by the Radical press,
yet no man of that party has attempted to
prove that what he has said is not sound
IdD. Our own opinion has always been, that
as long as the Constitution Of the State re-
mains unchanged, no human ingenuity can
draft Registry Law. that is not in direct
conflict with that instrument. he reason
why this cannot be done is apparent at a
glance The members of the Reform Con-
vention of 1898 understood this question
thoroughly. II was fully debated by the
ablest members in that body, and in order
that there might be no mistake or misun-
derstanding about it, they ineorpor ated the
following clause as a part of the amended
Constitution
"h elections by the citizens every ,0hite
fireman. of the age Of t'centy-one years. hGo-
ing resided in the State one year, and an the
election district lohere he offers TO cote ten
days Immediately preceding such election
and l1ittin tloO gears paid State or County
tdE, tohich shall haze been assessed at iedSt
ten days before the election, shall ENJOY the
right Of an elector."
This being part of the supreme law
Of the State, the question presents itself.
Can an act ofihe Legislature change or nuI-
lJfy it. 1t is both law and common sense
that the Constitution of State cannot be
repealed. or in any way changed. by mere
act of the Legislature. If it could, then the
dearest rights of the people could be swept
away by the popular branch of the govern
ment.
II is not necessary to enlarge on the qucs-
ton. 1t is too plain to admit of any argu-
ment. Until the plain provision in the
Constitution, which we have quoted, is
stricken from it, in the way pointed out by
that instrument, any Registry Law that
may be drawn up by even ten of the ablest
la wyers in the State. must necessarily be
declared unconstitutional. Whatever po-
litical feeling and excitement there may be
on this question, we trust the time has not
yet come when the judges and the lawyers
Of the State will sanction the idea that the
Constitution is farce and that the Legisla-
ture is supreme. When that is attempted
to be enforced then the liberties Of the peo-
Pile, as guaranteed to them in their Con-
stitution aud Bill of Rights, will have pass
ell way.
An appeal has been taken from the opin-
Ion of Judge SHARswooD, which will be ar
gued before all the judges of the Supreme
Court during the latter part Of this week.
or course their decision will be final and
conclusive. AS it concerns every UOtcr in
the Common wealth. and is therefore a ques-
tien of great public impor tauce, the decision
of the question by a full Court will be
awaited with general interest. .