Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-07-30
ELECTION PRECINCTS.

Editors Appeal: AS the Radicals APP
pear terribly exercised in regard TO
the voting places designated by j. p.
Boughner, Commissioner of Registra-
ton, in his election notice furnished
by him, | propose, by your permits
sion, for their benefit and that Of other
ihquirers, to give a brief of the acts OF
the Legislature and of the County
Commissioners on the subject, with
my views thereon:
Section third of the act passed
March 8, 1867, authorized the Sheriff
or Registrar of Shelby county to open
polls in each ward of the city of Mem
phis, etc.
Section first of an act passed Dec. 16,
1867, authorized the County Commits
sioners to establish four voting places
in the city of Memphis in addition to
those then established by law.
The firstac above took effect, by
special provision, Immediately. The
other went into effect as other acts
not otherwise prOvided-forty days
after the adjournment OF the Legisla-
ture, which was on the lst day OF
March, 1869, or Whereabouts.
Section first of the act passed March
9, 1868, authorized the County Com
missioners to designate One additional
voting place in the lst, I'd, 3D., 4th,
9Th, 9th, 9th and 9th wards if thought
/ necessary. This act did not take eff
feet until put into operation by a spe-
cial act passed January %, 1859. In
this provision you will see the Seventh
and Tenth wards are excepted.
Now, having given you the acts of
the Legislature, 1 will give you the
acts of the County Commissioners in
the premises.
Section S37 of the code provides that
the County Court, at least six months
before the election, shall designate the
places for holding elections, and shall
| have the same entered of record.
Section S38 makes the Courthouse of
| the county always a voting place.
The County Commissioners, over
| anxious to provide facilities for illegal
! colOred voting, did, on the 9Th day OF
| March, 1868, three days before the
act of the Legislature to which
they there refer, "a passed., desig-
| mated and established in each ward,
| two voting places, and the Commits
| sioner of Registration, under this or
| der, held the election in two places on
the 18th day of March, 1868, in each
ward of the city. This was a plain
violation Oflaw by the Commissioners,
who designated the additional places
three days before the act was entered
on the Statute Book, and by the Com
missioner of Registration, who held
the election at ten places in the city,
without any legal authority what
ever. 1t will be remembered that the
act of March 8, 1868, never went into
effect until the I'D January, 1859, and
then by special act of the Legislature,
when it was sought to cover up the
Illegal acts of the Registrar, by at
tempting to provide that said act OF
March 9, 1868, shall have effect from
and after its passage. This is eX post
facto and void TO that extent, and
if valid, could only extend back
to the 9th of March, 1863, and
could not cure or legalize the
action of the Board on the 9th Of
of March, 1868, and the Registrar on
the 18th March, 1868. On the 18th o.
October, 1868, the Commissioners
designated one voting place in each
ward, under the act of March g., 1861,
and til -ame day designated one
additional voting place in the LIST, Sd,
9TH and 9TH wards, under the act OF
December lG, 1867, which places have
been adopted by Mr.. BOughner, and
as the Commissioners have designated
no other since the 23d day Of January,
1869, which authorized them SO to dc
if they thought necessary. The
election cannot be held according to
law at any other than these published.
1t is now tOOlate for places to be desig-
mated by the Commissioners TO be used
at this election, as section $50 above
quoted, requires the same done
six months prior to the election,
BY n strict and, I maintain, a proper
construction of the law, the Registrar
has no legal authority to open and
hold the election at but one poll in
each ward. That the act of Deem
Der Is, 1867, did not go into effect un-
til forty days after the adjournment on
the list of March, 1869, since which
time six months have not elapsed.
And l would recommend to the Com
missioner of Registration that he
withdraw his notice Of the election at
the extra polls in the first, third, fifth
and seventh wards, and conduct the
whole election in strict conformity to
law, and allow the enemy nO excuse
for complaining and contesting. 1t is
understood that the colored voters,
stimulated by bad men who see the
sceptre is certainly passing away from
them, are threatening trouble on cleo
ton day, because they cannot be az
lowed TO cOngregate around hidden
polls and practice the g~rossest OF
frauds upon the ballot-box as hereto
fore. ] would say to them all be quiet.
CITIZEN.