The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1877-05-24
An Infamous Act.

An Infamous Act
Among the acts passed by the late
Radical Legislature of this State was
one requiring the registration of voters
Besides adding largely to the expense
attending our elections, il is claimed
that the act is in violation of the Con-
stitution of the State, as it seeks 10
disfranchise those who are clothed
with the right to vote by the funda-
mental law, and who cannot be de-
priYed of that right by mere act of
the Legislature. The pretense of hose
who voted for the act is that they are
anxious to secure the purity OF the
ballot-box. But the working Of the
registration in Pennsylvania and clse-
where has demonstrated that it rather
facilitates than prevents frauds upon
the ballot. 1t is by means of frauds
committed under tn c registra-
ton law of Pennsylvania that the
| Radical thieves have been enabled to
| hold the control of that State. An
! investigation of the frauds perpetrated
under the Registration law showed
that in the city of Philadelphia last
fall from twenty-five 10 thirty thou
sand fraudulent names were added to
the lists and it is demonstrated that
the law in the hands of rascals tends
rather to facilitate than to prevent
frauds. In discussing the law recent.
ly passed by the Ohio Legislature, the
Cincinnati Enquirer says: I1.a
1t disfranchlses or attempts 10 dis
franchise, citizens whom the constitu-
ton of the State has enfranchised, 1t
is without foundation in the State
constitution, not only, but has no
ground in equity. Similar legislation
whei ever tried, has proved to be a de-
vice to prevent honest voters from
voting, and to facilitate frauds in suf-
frage. This is not the first experiment
in Ohio with a registry law. On the
Legislature of Ohio passed a law to
provide for the registration of voters.
1t applied only to certain towns in
certain counties in the State. 1t may
be me found in Ohio Laws, Volume
xiii, page l16. 1t was regarded as so
unjust by the people of Ohio that the
attempt was not made to enforce it,
Under the old constitution the legis-
latures were elected annually. The
three legislatures following the one
| which enacted this obnoxious statute
were also Whig. In 1913 the famous
"tic" Legislature, which sent Chase to
the Senate of the United States, was
chosen. The Democrats and Wings
were exactly balanced, two Abolition
lists, Townsend and Morse-holdimg
the balance of power. This Legrsla-
ture, among its early acts, even with
out 4 Democratic party majority, re-
pealed the Registry Law on the 23d of
February, 1S49. The Legislature of
Ohio to be elected this fall will repeal
the Registration Law of 1871; but, in
| the mean time, it is the first duty to
test the constitutionality of the law in
the courts. AT the earliest opportu-
| nifty test case should be made. Moth
ing will better expose the infamous
character OF the acts Of the lately de-
parted Legislature than to show their
| lawlessness. i#'
The constitution of the State declares
that citizens of the United States,
| twenty-onc years of age, who shall
have been residents of Ohio one year
next preceding the election, and of the
county, township or ward in which
| thcy reside such time as shall be pro-
vided by law "shdH haze the Qualif-
cations of an clector and be entitled TO
cote at all elections" The consti,u-
ton also declares that 1.-The General
Assembly shall have power to exclude
from the privilege of voting, or of be-
ing eligible to office, any person con-
victed of bribery. perjury, or other in.
famous crime. The Legislature has
no other prohibitory powers than
| these oyer the elective franchise. The
section of the constitution last quoted
is not pertinent to this statute. So tar
as this law is concerned the first Sec
! ton OF the fifth article of the constitu-
ton confines the powers of the Le2is-
lature to one. thiug-to determine how
long, within the limit OF one year, a
citizen shall have resided in county,
township or ward, to be entitled to
vote. The Legislature has no power
to add TO the qualifications of an elect
or as laid down in the constitution of
the State. 1t can no more say that
registration shall be qualification
than that six feet in height shall be a
qualification. The boundary lines OF
| legislative power are clearly defined /;
and g thus far shalt tbon go, but no
further" is the construction which the
courts 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
al any election unless he shall have
been a resident OF the county three
hundred and sixty days,and resident
of the township, village or ward in
which he resides and offers to vote
three hundred and fifty y-five days next
preceding the election" This is the
most outrageous Limitation upon the
rights of suffrage known in any State
for many years. And it is behind this
hideous Inhibition that the Legislature
has attempted to hide the unconstitu-
tional requirement TO register, for
twenty days residence in a ward is
sufficient for registered man. While
the law stands, il II stands, the voters
of OHIO will have the privilege OF
electing to which of these outrages
they will submit. But il is still true
that. while the Legislature may direct
how long citizen must reside in a
county, township or ward-witllin
one year-to be entitled to vote, i,
cannon, having fixed that time, lessen
it by afii King an unconstitutional pro
vision. That which is violation OF
the constitution il done directly is a
violation OF the constitution il done
indirectly.