The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1869-02-17
Decision Under the Registration
.~, v. Act.
nrrxrox OF IupuE.N. HARRISON.

! Atspccial term of the Circuit Cour'
Of Grernbrier county, held ana con
tinued ut the Court House thereof, OIL
Thursday, January 18Th. 1869:
! In the matter Of the petition OF Alex
lander Walker asking for rule against
the Board of Registration OF Green
bricr county, to show CAUSE why Il
maudamus should not be awarded 10
compel them to rcustate him asa regis
tered voter.
Upon IN inspection of the position!
and exhibits filed herewith, and after
hearing the argument Of counsel, the
Court is Of opinon that the Board OF
Registration is not m inferior tribunal
within the meaning Of Section e, ArtI'
Gle 6, of the Constitution ofWcst Fir-
giuia. which declares that the Circuit
Court shall have the supervision and
control of all proceedings, before JUS
tircs aud other inferior tribunals, by
maudamus, prohibition or ccrli"rarI
that the functions and proceedings OF
such Boards are not analogous to those
! of Justice and the other inferior triOu-
mails which were contemplated mud i'll
! tended by the Constitution in the clause
iaiorcsail. and That the effect Of such !
construction would be practically TO
convert the Circuit Courts throughout
the State into II tribunal for the trial
! and determination of the rights Of ro-
tiers instead OF" HE Board Of Rrgisira-
| ton Of each county,, as prescribed by
the I'D section Of the act Of February
18th. lSGi.
The Court is further Of opinion that
even if The Board Of Registration were
! otherwise an "inIcriur tribunal with
in the meaning Of the Glib section Of
the 9th article Of the Constitution, yet.
under he Sil section Ul'arliclr ST Of the
! Constitution. (Xrrpl in ca>cs Where
the Constitution itself has provided.
nlhcrwi>r) the Legislature is full $ att
! lhurizrd to "prc,criLc by general laws
. the tcrllI> O.: office. powers. duties and
compensation OF all public officers aud
agents. and the manner in which they
shall be elected. appointed and re-
moved" and that the registration acts
of 1867 and 1865. which give to the
! Board of Registration OF each county
! the sole jurisdiction ito try and dc.
tcrminr The right ofany person to vote
ihrrrin." is one Of lhr Constitutional
and Legitimate modes by which such
officer, and agents shall he elected.
The Court is further Of opinion that
even ii it had jurisdiction Of this prli-
, ton. that the petitioner. by his own
showing. was prupcrly stricken from
! The list OF REG i,irrrd voters OF this
! county. because he admits that he WAS
! duly notified by the Board Of Regis
lralium to appear before them and
prove his Loyalty. which hc says nc de-
clinr'l to do. because he had lrrvi"u>-
/ Is taken the Test Oath. and Imd brrm
: rt'mi -Irrrh H. Il voter. pursuant thereto.
aud i, was therefore tor The Board ui
Registration to di,pruvc his loyalty.
| instead Ut rrJurin. him to prove it,.
This j. not the law. The Court l. OF
! opinion THAT. uu,lrr sections IL and III
Of the Act 81 February 18th. lStI. and
is amended. aud rc.rmaclcd by The acts
OF July I'D. Isis. and March lIh. 1865,
the Ionrl OF Registration is fully AT.
ihori2rt, upon proper notice. ~ sum.
mon amy Registered voter they may
deem Disqualified. To appear and prove
his qualification. an,!. upon his failure
10 appear. or il, ~ appearing. he shall
fail to produce satisfactory evidence I"
the Eoarl ur Registration that he j. Il
qualified voter. Of ~hich he E""r''
"!omr "rc Mc proper .j"'l9GS.) il is not
only ihc right. hu, the luly OF the
Board. under the statute. 10 strike his
name from the Hr.-lcr. The lnngma"c
at the law leaves them no discretion.
II SAYS: "Thc Board Gn such ca>r)
shall strike his name from the Register
OF voters. The act OF March lth. 1865.
section 9TH. authorizes Il special meet.
ing Of TIN. Board whenever Il ma urity
lot the Board shall deem it necessary.
The uhjr Of the Legislature WAS tu
meet the very ease OF The petitioner
and 10 prevent or ut lras, correct any
abuse OF the law by the registration OF
. parties who were never entitled to be
: registered, but who had managed in
some way. either by falsely taking the
Tr>; Oath. or otherwise. To 'cvadc the
> law. It, WAS known to the Lc"iSia.
turc that many cvasions and abuses VI
this description had been committed
10y parties who had participated in the
rebellion 10 such M extent - to pre-
riWlc them from property taking the
Test Oath: and il was because they did
take it. Notwithstanding. and because
registrars were often in doubt Is to the
LEGAL effect of such III oath. that the
law wa> PASSED. The Court does moi
mean. by these remarks, To question
either the loyalty or vrrlci,y OF the pc.
tilionrr. who is Il highly respectable
mcInhcr OF this bar: but in the opin
iun OF Ibis Court. however loyal or re-.
Spcctahlc, 4ic WIS rs much bound
when property called upon Ivy the
Board, tnappcar before thcln and prove
his loyalty ~ any rrbri in the county
who had falsely taken the Test Oath
with Il view 10 brins registered. The
Court is further OF opinion that the
Board OF Registration did not err in
rc'u>in. topcrmi, the petitioner to APP.
pear by counsel. Tha, Board is not {;
Court. before which an Attorney, rs
such. has Il right to appear and practice
- 'Hlr S1nlufn I,ul.n. ,,n Il