Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1869-06-24
,r,UNCroN RESTRAINING CON.
MISSIONER BOUGHNER fkom
IssTJING CERTIFICATES OF Reg
ISTRA1ION.

uNIUNCTION RESTRAINING Cv
MIssIONER BOUGHNER FROM
ISSUING CERTIFICATES OF kE"'
IsTRAIION.
We would not be considered as inter
feripg with purely legal question before
the Court for adjudication, and the re
strsining process issued by order OF the
Chancellor of this District, which pre-
vents the newly appointed Registrar
(Bouehner) from dischargiug the duties
of bis Office, is not, we consider, such an
one as the rights of the parties are too
MAINLY set forth by the law to make 1t q
matter Of doubtful dispute as to who the
registrar is at this time.
But Mr.. Williams, the former Registrar
DISPLACED by the appointment of his sue
oessor, has concluded to contest the rign'
of the Governor to remove him, with
other Registrars in the State, at will. de
states in his petition that the act OF re-
moving an officer is a Judicial act-one
that could not be exercised by the Gov
eruor of the State. We cannot, from the
lights before us, see how such concur
aim could have been reached by the very
able and shrewd lawyers OF this most
humble petitioner.
The language of the Supreme Court IN
the case of the State vs.. Straton was that
the functions and powers of the commits
sioner are of Judicial nature only, and
not that he is Judge Of law, as is meant
and understood in the Constitution. ana
no evidence of what we thus state, the
coort has Iikened the powers of the Com
n;saioner TO those of commissioners OF
deeds and clerks Of county courts IN GER
.;fvinq probates and the acknowledgment
NJ deeds and other instruments OF law.
If for instance, the commissioners are Ju-
d;c;al officers in the sense and meaning
as ia wont TO be set up in this petition, Is
il not true then that the Governor, under
che law. and even the Legislature, had no
authority to take from the County Clerk
this right of registering, who, according
to the conclusion Of Mr.. Williams, was,
bv the act empowering him as registrar
created judicial officer, who could not
he removed only by the means prescribed
in the Constitution for getting rid OF such
officers Before Mr.. Williams can pro-
coed with his case, would it not be
nroner for him to first make good
his title to the Office be now
pretspds to hold ? This very humble
petition goes on to State respectfully to
His Honor that he is the Commissioner
of Registration legally appointed by
Governor William G. Brownlo~, and says
he took the Office 10 place OF J. J. Sears
who resigned. Well, that may all b'
true; but what mode Of procedure
was adopted to get rid of Registrar
Davis, who was made to quit th'
Office and Sears put in his place. Their
there was the County Court Clerk VIII
had a prior right over all. What vii
Williams assume to do should Mr.. Loagu'
attempt to set up his right to registe
persons qualified to vote by law : w
think the entire matter weak Radica
D. dodge 10 prevent an honest Registrc
from doing manifeAlly what was the dut,
of former Registrars. But, then, Radi
cal Judges cannot so tie the hands
Registrar Boughner as to prevent biz
from exercising his duties until the i'm
portant time has passed, when it woul
have been necessary for the people to q
their registration papers If the peopl
demand that this matter shall at once b
determined, then it will be done; or NJ
Boughner and his friends may prefer {
20 to jail in contempt of tyraDnic'
court, administered in the interest of
political faction This people have 6
long been trsmpled upon that patienc
has ceased to be virtue, and corruptio
and per6dy in Office now demand |
their hands lesson taught sometimes
tyrauts. We crave the law, and nothir
more or less upon that we are willing
s<ard mr. fall