Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-06-26
THE REcIsTRARsHlP.
Arguments in the injunction Case OF
Williams vs.. B~0gghner.


Our readers have already been made
acquainted with the position in which the
office of Commissioner of Registration
now stands. Williams, on account of
malpraetices and failure to comply with
the laws governing registration, became
obnoxious to the Governor, and he saw
fit to remove him. and the Office thus va
Gated was given to Mr.. B~oughner, an old
and w~ell-known citizen. When he came
to take charge of the Office, he was met
by Williams with evasion at first, and
finding that that would not do, the latter
eniOined him from the exercise of the
functions of his ofice-the injunction
having been granted by Chancellor Smith.
Yesterday was set for the hearing of the
argument in the case, and at n IN. 1t
was opened by Van A. W. Anderson, ESQ,
for Mr.. Boughner.
Mr.. Anderson stated that he made W.
principal objections to the bill of Will
liams: the first was that neither the Dis
trict Attorney or the Attorney General,
had Joined in the proceedings with VIII
liams, which the defendant contends is
necessary and proper. The second ground
taken was that the Governor has the
power to remove officers appointed by
him.
In support of the first proposition, Mr..
Anderson cited various authorities to
| show that the State must be made a party
to such suits in order that they may be le-
gally brought. The second proposition
he argued more at length. The Regis
trar's office, he cOntended, was unknown
and uHheard of i n a free government, and
was created IN accordance with and under
the article in the Constitution which dele
| gates to the Governor the appointing of
certain officers. The franchise act was an
act to enable the Government to distin-
guish between political sheep n goats,
| and the office of Commissioner Of Regis
tratiOn was one of those whom the Gov
ernor was allowed to appoint. Mr.. An
| derson then proceeded to argue that the
right to appoint gave the right to remove,
| and cited the position of the President of
the United States. Referring to the late
| decision of the Supreme Court, in the
| ease of State VS.. Staten, h franchise case
as it was called, he said there seemed to
be considerable misrepresentation among
those even who. ought to know better, the
general impression being that the decision
had affirmed that the Governor had no
right to remove a Registrar. This is a
mistake; the Court decided that he had
| no right to annul the registration of a
countv-the legal act Of a Registrar, but
the Registrar was his creation. and his
tenure of office depended on his good
viii. When the Governor finds that a
| Registrar has been guilty of fraud, viola
ton of his oath, the barter and sale OF
| certificates or other fragrant derelictiOns,
it is his right and duty to remove him.
| Judge Story laws il down as the law that
the appointing power contains within
itself the right TO control orrevoke.
If this power did not lay with the Gov
ernor. Williams is himself an usurper, for
James Davis was the first Registrar APP
pointed. Hewas removed by Gov. Brown
low and Sears appointed IN his place.
Sears resigned and Williams was APP
pointed.
At the close of Mr.. Anderson's remarks
! the Chancellor asked if il would be con-
venient for the counsel TO be on hand on
| Monday and continue the case till then.
| Col. Gantt informed him that the Su-
preme Court had made a ruling that all
attorneys having cases before It should
attend at Brownsville on Monday. The
argument therefore proceeded, and Col.
! Can't next addressed the Court, taking
| the same grounds as Mr.. Anderson.
He was followed by Judge Pierce for
he complainant, the Judge answering
each ground taken by Anderson and
| CAN'T seriatim. The plea that the state
is not made a party was declared TO apply
only to cases wherein a party is out OF Of
ice, but claiming it, applies for an injunc-
| ton. The power of the Governor was
then discussed at length. and at the close
of Judge Pierce's argument the ease was
closed.
The Chancellor took the matter under
advisement, and viii probably give a de-
cision to-day.