The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1877-05-24
THE REGISTRY LAW.

Last week we published the new Reg
istry act passed by our Legislature. II
requires Of every city having popuia-
ton of over $4,000, subdivisions, so that
each voting precinct shall not have over
.hree hundred voters. Had 1t limited
the votes of each precinct to 800 or ! OOO
1t would not have been 80 objectionable
II is a foolish act, unnecessary and will
add enormously to our election expenses,
as well as be trouble to the people of the
State.
The People did not demand any such
machinery, but scheming tricky polite
ians did.
It is estimated that this act will in.
crease election expenses in our large cit
les, some five times over what they have
been heretofore, The Republican rural
roosters" at Columbus by this act have
added some four thousand dollars
to the election expenses of Cleveland
alone. The legal points are thus dis
cussed by the Cincinnati Enquirer;
It disfranchises or attempts to disfran-
chise, citizens whom the constitution OF
the state has enfranchised. 1t is without
foundation in the state constitution, not
only so, it has no ground in equity. Sim
liar legislation, wherever tried, has pro-
we'd TO be device to prevent honest vo-
ters from voting, and to facilitate frauds
in suffrage. This is not the first expert
ment in Ohio with a registry law. On
March 18th, lS45, the then Wing Legis,
lature of Ohio passed q law to provide for
the registration of voters. Itapplied only
to certain towns in certain counties in the
state. II may be found III Ohio Laws,
vol. xiii, p, ll6 It was regarded as so
unjust by the people of Ohio that no at
tempt was made to enforce it. Under
the old constitution the legislatures were
elected annually. The three legislatures
following the one which enacted this OBJ
noxiOus statute were also Whig. In '48
the famous "tie" Legislature. which sent
Chase to the Senate of the United States
was chosen. The Democrats and Wings
were exactly balanced, two Abolitionists
Townsend and Morse-holding the bal.
ance of power. This legislature, among
its early acts, even without Democratic
majority, repealed the registry law on
the 23d of February, 1S49 The Legisla-
ture of Ohio to be elected this fall will
repeal the Registration Law of 1877; but
in the meantime it is the first duty to
test the constitutionality Of the law in
the courts. AT the earliest opportunity
a test case should be made. Nothing will
better expose the infamous character of
the acts of the late departed Legislature
than to show their lawlessRess.
The constitution of the state declares
that citizens of the United States, twen-
ty.one years Of age, who shall have been
residents of Ohio one year next preCe
ding the election, and of the county town
ship or ward in which they reside such
time as may be provided by law, "8baH
haze the qualifications of an electOr, and be
entitled 10 gOte at all elections" The consti-
tuition also declares that "the General
Assembly shall have power to exclude
from the privilege of voting, or of being
eligible to office, any person convicted of
bribery perjury, or other infamous crime"
The Legislature has no other prohibitory
powers than these over the elective fran
chise. The section of the constitution
last quoted is not pertinent to this statute
So far as this law is concerned, the first
section of the fifth article of the consti.
tuition confines the powers of the Legis-
lature to one thing-to determining how
long, within the limit of one year, citi-
zen shall have resided in a county, town
ship or ward, to be entitled to vote. The
Legislature has no power to add to the
qualifications of an elector as laid down
in the constitution of the State. 1t can
no more say that registration shall be a
qualification than that six feet in height
shall be qualification. The boundary
lines of the legislative power are clearly
defined; and thus far shalt thou go, but
no further" is the construction which
hecourts place upon constitutional grants
of power. The infamous character Of this
new registration law is evident in the
first section, which declares that "no
person shall be permitted to vote at any
election unless he shall have been res
ident of the county three hundred and
sixty days, and resident of the town
ship, village or ward in which he resides
and offers to vote, three hundred and tif-
ty-fve days next preceding the election"
This is the most outrageous limitation
upon the right Of suffrage known in any
state for many years. And it is behind
this hideous inhibition that the Legisla-
ture has attempted to hide the unconsti-
tutional requirement to register, for twen-
ty days residence in a ward is sufficient
for registered man. While the law re.
mains, fit remains, the voters of Ohio
will have the high privilege of electing
to which OF these outrages they will sub
NIT. But it is still true that, while the
legislature may direct how long Citi-
zen must reside in county, township
or ward-within one year-to be entitled
to vote, it cannot, having fixed that time,
lessen it by afixing an unconstitutional
provision. That which is violation Of
the constitution if done directly, is a vio-
lation of the constitution if done indi-
raoflxt a