Public ledger. [volume] (Memphis, Tenn.) 1865-1893, 1874-12-30
OUR MAYOR In ERROR.

OUR MAYOR In ERROR.
The City Attorney Also Mistaken
IN the Law.
In the Second ward there has been
some trouble on account Of the refusal
Of the register. DR.. Goodyear, to take I'm
oath prescribed without authority Of law
by Mayor League, as follows;
T., do solemnly swear that the
foregoing list Of registered voters of the
- ward is correcl, and issued in
accordance with law, to the best of my
knowledge and belief, and that | here
with surrender all blanks and certif-
Gates not delivered to the proper parties.
Mayor League took possession of the
registers books, although by law the
Comptroller is the proper person to have
charge of them. He also forced several
Of the registers to take the above oath
and to return to him all the undelivered
registration papers in their possession.
In this the Mayer violated all law, but
we do hope he did it unwittingly, and
will do all he can to repair the injury
done. He evidently acted on the advice
of City Attorney Hanson, as follows:
OFFICE OF CRY ATTORNEY, /
MEMPHIS, Dec. "a. 1874.
John League, Mayor:
SIR-Mr. Holt has in his possession
number OF certificates OF registration,
issued to parties who applied in person
for them but could not wait for them to
be filled out and delivered, and he asks
what he shall do with them. am salts
fed that as the parties failed to call
within the time they should have done
for their certificates, that Mr.. Holt has
now no right to deliver them. | am also
satisfied that he has the right when he
surrenders them to you to cancel them.
And if he cancels the certificate he
should also cancel the entry on the books.
This certainly is the spirit and intention
of the registration law under which the
registers act.
Yours, etc.,
G. A. HANSON,
City Attorney.
The following reply from eminent law
yers to Register Goodyear who refused
to take the illegal cath demanded, settles
the matter, and will no doubt cause the
Mayor to turn the books over to the
Comptroller and the Cancelled certificates
over to the different registers to be called
for by their owners. But it is said that
the books have been tempered with so as
to cancel and erase these names; if so,
the Mayor has made terrible blunder,
one that he must ever regret, as it must
always be regarded as partisan act by
those opposed to him in politics:
MEMPHIS. December %. 1874.
D. F. Goodyear. ESQ.,:
DEAR SIR have carefully considered
your letter of the 18th instant, and COM
pared its statements with the require.
ments of section 81, article 5, Of the
city charter. Your proceedings as Reg
lister appear to me to have been in strict
accordance with the law.
The substantial part of the registra-
ton is performed when the voter makes
application in due time, and has his |
name entered in the Registers book. |
This must of course be done within the |
time prescribed, so that the book may
be returned to the Comptroller. When |
that is done, the delivery of the certifi- |
cate is formal matter, aud slay we'll be |
done at any time before the election. |
Indeed / see no reason why every voter
in the ward may not have his certificate, |
for safe keeping, in the hands of the
Register until the day of the election.
The general supervision Of the Mayor
over the officers OF the city gives him no
right to control or to direct the Registers
in the discharge of their duties, or to in
termeddle with the books of registration. |
On the contrary, the books are required |
to be delivered by the Registers to the |
Comptroller; and it is made the special |
duty of that officer to keep them safely, |
and not to allow them to be removed |
from his possession. A Register who |
should deliver his book to the Mayor; a |
Comptroller who should allow the books !
to pass from his possession to the Mayor; |
or Mayor who might consent to receive |
such books from the Registers, or from |
the Comptroller, would each he guilty of
violation of the law, and of his official |
duty.
In reply to the particular interroga-
tories with which your letter concludes:
| would say, generally, that the
Mayor has no right to interfere with the
Register, or with the Comptroller in the
matter of the registration in any respect
kak Ha L. |
livery to him Of the books or certificates
nor prescribe any oaths or other con-
ditions to be taken or observed by the
Registers. He cannot lawfully receive
the books or certificates; nor assume to
discharge any duty contided by the
charter to the Comptroller.
The Registers having taken the oath
of Office prescribed by the charter, are
not required to take any other oath on
delivering their books to the Comptroller.
/ hare already expressed the opinion
that the certificates OF all legal voters,
whose names have been duly registered
in proper time, may be retained by the
Register, and may be delivered by him
before the election.
Neither the Comptroller nor the Mayor
is intrusted with any control over the
registration. 1t is the duty of the for
mer officer to deliyer the original book,
together with separate list OF the names
thereon made out by him, in alphabetical
order, to the judges of election of the ,
ward, and the judges of election are
bound to be governed by it to the ex-
tent contemplated by the city charter.
In the hope that the foregoing covers
the scope Of your inquiries, | am, yours,
ETC., Il. I. ELLETT.
concur fully with Judge Elicit.