The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1876-05-31
AcKaoN. Mss, NAY 2a, $50.

dAChSoNs AsAASo'i @AAfAJ - A'sN'
To His Eccelleacy, j. N. Stone. GoUer7'Or or
Mississippi:
: SIR: am ia receipt of your commnnica-
ton OF the 10th Inst relative to reglstra-
tiou laws and elections TO I'LL vacancies, In
which you ask the following questions TO-
wit:
,iCan the Boards of Supervisors ''order
- elections to fill such vacancies before the
"new registration In September nextH And
.sif so, can electors vote upon their certih-
"cat,s Of reg stratlon ob;ained prior TO
-. Aprfl II, 1876: and III not how can the
electors exercise their constitutional right
% OF hlling all vacancies that may occur IN
county offices from the passage OF the
- act OF 1876 To the time of the registration
" provided therein, period OF five or six
months ?"
The elective franchise Is conferred by the
constitution, and regulated by the Legisla-
tare The Constitution, Art. I, section ,.
declares who shall be "qualihed electors
and expressly defines them. Section 3,
same article, provides that, The Legisla-
ture shall provide, by law, for the regis
{ tration of all persons entitled TO vote at
any election; and all persons entitled I"
" register shall take and subscribe the fol-
d" lowing oath or atlirma ion" TIL toll
lows the required oath.
The Code of 1871, ch. ), from section $40
to 355 inclusive, embraces the first law on
the subject. Since the adoption of the new
made to the act OF 1871, and the recent act
of April z, 1875, repeats the Code of 1871,
and all the amendments thereto on the sub
ject of registration, and adopts an entirely
new Code on the subject, repeating all laws
in conflict with It. and directing u general
registration Ia September next, by n new
Board OF registrars TO be appointed by the
State Board created by said act.
The elective franchise Is conferred by the
constitution, suDrd and the registration law
inF nH ffN eli la ha nf
tanning by actual registration, the correct
list of voters in each county in the State
aud when avoter has once Established the
fact of his right, in the mode prescribed by
the constitution and laws, It would be ditii
cult to imagine how the Legislature could
impose any terms that would disIranchise
him, or in any way ahridge his right To
vote. He Is protected by the organic law.
nnless, by some disqualiiyihg act. he has
forfeited his right to that protection.
. The Legislature can only regulate the
question of franchise, by prescribing the
means OF asccrtaining who are qualiti q cleo
tors. Formerly, this question was decided
on the day OF election, at the ballot box,
by the judges of the election.
Now it is intended 10 be settled in advance,
SO as to avoid the challenges on the day OF
election. rt s-.....
The qualified electors have the same right
to fill vacancies in office, that they have to
fill full term, and rs regards vacancies In
county OHlce, IilaL Is HilaTauteetl TO Them Dy
the Constitution, Art.VI, Sec. 20, when pre-
scribes the duties of the Boards of Supervi-
sors for each cOunty--amOng other Things, 10
provides as follows: Sand shall order all
county elections to fill vacancies that may
arise in the offices of their respective cOun-
tiesY-and this is the only mode. Our Su-
preme Court says: Elf. however. the Consti-
tuition has provided y Toode OF hlling vacan-
cies in particular Offices, that is the exclusive
IL ode'-S0 Miss. GIG. The Board of Supa--
visors ShdH order the electiOu--tHe baca,ieb
electors have the constitutional ri,ght To
vote aud fill the vacancy, And yet no reg
istratIon can he had until Septembe
and the law, Upder which the voters hold
their carttAcates, has been repealed.
Now the question Is, in special election
held prior to Septem Der, can they vote upon |
the certificate Issued to them last year or
prior to that time
Any attempt on the part ofthe Legislature !
to prevent the elections provided for by the |
Constitution would be an evasion of the or |
ganlc law and annllity; but do not believe |
the t.tS tsiature Intended such "A thing. The |
failure of the recent act to provide for the |
was an omission, that Is incl
dental to fallible legislation, and the omis- |
sion must be supplied by the constitutional |
guaranteed. f" iH+' .l'H
man possessing all the necessary qnalih. !
cations is an elector IL the Legislature has ]
afforded him no opportunity Of registering /
prior to an election, is protected in his right |
oy the Constitution, aud may cast Ills vote en- |
aeceSStt6te rel, aud the oneration of the Con- /
'ttution is not a, aIi inipoded by the Omis-
sion, 4..r
f.-e..t Very respectfully,
tH g. + HARRIS,
l.ags Attorney General. I