Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1869-09-11
REGISTRATION CASES.
The Supreme Court Of this State
Quashes The Proceedings Of the CIR

| 0reenOTler county ant Uhe iio'h i''T
county. came up before the supreme
Cour, al it's recent session Tor review.
The plaintiffs were men who had been
elected to county Offices and had qusiiheo
t and entered upon their respective duties
bu, was subsequently stricken from the
Registration list, and ordered to appear
before the Circui. Court and show cause
wbv their Offices should not be declared
vacant. The motion to squash the pro-
seediDgs was refused and they we're re-
moved from office.
The Supreme Court Teverses the Jndg-
ment of the Circuit Court. and Judge
Brown in delivering The opinion of The
Cour, says:
"a person legally ell cied to The office
OF Sheriff under the constitution and laws
of this State, and having duly qualified
and entered on the duties Of his office has
vested right in the Office, with she Prlvl-
leges and mmuni,ies OF value, OF which
he cannot be deprived bat for cause. and
tina, by due process OF law. The Court
erred in refusing to quash the rule on the
motion of the Sheriff; and also erred in
admitting the Clerks certificate OF the llst
Of names which he certified TO have been
ordered by the Board Of Registration to
be stricken from the list Of registered vo-
tiers. Only the record or copy thereof
properly certified 10 be copy was ad-
missable as EVIDENCE.
But The most material and important
error in the case was in deprivpg an Off
Ger Of his office because OF the fact alleg-
ed, ,o-wil: tina, his name had by order OF
the board of registration been stricken
from the list Of registered voters OF the
county, even if the fac, had been legally
made TO appear. The Constitution pre-
scribes who are entitled TO vote and it al.
so provides that any person so entitled 10
vote shall be eligible 10 office. The de-
fenden, possessed all the qualifications re-
CURED by the Constitution and laws 10
vote and hold office al the time he was e.
lec,ed and qualified as sheriff Of Randolph
county. He had therefore vested right
in his office OF which he could not be de-
prived but for cause by due process OF
law. (Ar,. Q, sec 6. Const,) And wheh-
er the board Of registration sirucs his
name off The registry list Of voters or not,
was wholly inma,eral 10 the right OF the
party and the issue 10 be determined in
the case.
1t was never in contemplation OF the
Convention that framed the Constitution
nor of the people when they adopted it,
that all the officers Of the State, executive,
judicial and minis,erial-were, 10 be de-
pendent on the discretion or caprice, as it
is claimed, of an irresponsible Board Of
Registration in relation to an incidental
matter.
The Wheeling MtelHgencer (Radicsl)
in commenting on The above says:
This decision announces a very i'm
porian, principle, viz that eligibility 10
office does no, depend on the mere incl
dent of registration. "a citizen entitled
10 vote" may be an officer under the Con-
s,ilution; and the Court hold that 10 mean
tina, if he has the several qualifications
laid down it canno! be material whether
his name is borne on the registry list or
not, that being mere ministerial regula-
ton that cannot affect the fundamental
right.
These decisions by our highest court
are conclusive on the circuits, so that there
will be no more attempts 10 decapita,e Of
Gcers or atjudge persons Ineligible on the
ground only Of their no, being borne on
the registry. The principles enumerated
and the errors thus corrected furnish an
assurance Of this which will be recogni-
zed by both parties throughout, the State.
1t affords assurance TOO tina. our Republl.
can judiciary are prepared to DO ample
and exsc, justice whether such action be
favorable 10 political friends or opponents.
Where Judge Of lower court under
takes TO convert himself into machine for
the execution of party or personal ends,
we SEE tina, the higher Court administers
promp, and signal reproof. |, is the
misfortune OF every party 10 be afflicted
with some men whom any party would be
better without, and who for mercenary
ends DO things in the name Of the party
or under color OF lis sanction which that
party ought no, and dare not defend. The
Republican party of this State has not al.
together escaped such misfortune. Blu,
we are bound as matter Of duty and as
a matter Of self-defence TO disown every
rascal " TO tries TO cover his venality with
the shield Of our party and TO dlsrlalm
and correct as speedily as possible what.
ever abuses such persons may be gully
of. No oiTense can attach 10 us as par
,y which we do our best TO prevent or
remedy. Blu, the moment we seek 10
cover up or apologize for or connive al
wrong doing, we become responsible and
blamable. When Judge Nathaniel Harri-
son of the Greenbrer Circuit (wbo seems
to be sort Of intensified Cardozo) under
took TO violate vested rights and disre-
gard the fundamental law in order 10 give
effect TO some mercensry or malicious
purpose, we find our Republican Judicial
~ administering a vigorous rePrlmsnd
and announcing principles tina. will afford
protection against similar attempts in fu-
ture. This is one gratifying assurance
that whatever irregularities or abuses exist
in the execution of law, there is no occa-
sion 10 seek their correction outside Of
a.