The daily gazette., 1880-01-20
FIFTH EDITION.
The Supervisor subject.

|
aUED AT LENGTH IN THE U. 8. CIR
CUT COURT 1o-DAY-ADDREssED
BY MEssRs. BATES, HIGGINS AND
GRAY.
The U. S. Circuit Court opened at 10
O'Clock this morning, with Judge Brad
ford ON the bench. The Court announces
that II was ready TO hear the argument.
| In response 10 a question, MIR. Bates
stated that he and Mr.Gray would argue
against the appointment; Mr.. Higgins
said that he hoped that Mr.. Spruance
would be with him; If not, he would be
alone.
The Court made the order that ad-
dresses should be made alternately.
George ii. Bates, Esq. then proceeded
TO open the argument, aging he would
make no apology for appearing before
the Court, after the courteous offer of
the Court 10 hear argument upon the
question under discussion. He assumed
that all understood perfectly the question
whether the u. s. statutes providing for
the appointment of Supervisors of Regis
tration was applicable to the laws OF this
State and the assessment provisions of
that law, and the duties of the Levy
Nohe WIN iebNo W thc dSocSSmcut
lists.
To decide the question two things
would have TO be considered.
First-The provisions of the u. s.
statutes referring to the registration of
voters.
Second-The State laws, creating the
assessment system, and whether they, as
a whole, constitute q registration Of
voters.
He then proceeded to consider the
first point. In section POLL the law says
that the "Supervisors shall be appointed
at least ten days previous TO the said
registration OF voters" If this had in
tended to apply TO all States It would
have added, ''or the enforcement of the
right Of any act TO be a prerequisite or
qualification of voters"
For one 10 read the sections with ref
erence to this matter, BE could not help
but feel that the registration was the
evidence OF person being a qualified
voter, and nothing more. There Is no
place, no time, no registry, and no list
IN this State by which a man can have
bis name enrolled and be qualified
voter. The registry is simply a list thai
Is conclusive, and gives only those whose
names are on the list right to vote.
According TO the law, the place of reg
istery is simply place where a man
comes to be registered, and his name
being put on is conclusive and decisive
evidence that he has right 10 vote and
cannot be challenged This feature il
impressed by section 2016, and another
is given by the same section, which is
that the whole qualification of voting is
TO be placed on the list OF registration.
One nditid that is gathered from this
section is that man is fully qualified TO
vote by being registered; another is
that II is personal registration, as the
Supervisors are required 10 attend at
the places Of registration and TO "chal-
lense any person applying TO register,
etc" IL Indicates that the acts of regis
tration and vding are similar, as shown
In section 20lI.
Again in section 2021 II provides for
the appointment Of deputy marshals to
aid aud assist the supervis rs in carving
ont their duties. 1t clearly shows the
vein of personal regi,tralion running
through the Whole statutes.
MIR. Bates proceeded TO lay down his
idea Of the understanding the trainers of
the law had of the registration. In sec
tion 2Ol3 it provides that the court shall
remain always open from the commence
ment of the Tegistr alton ID the closing of
the election. This certainly did not an.
ply to all the machinery of the asses.-
ment, and does not iDteud that the court
shall remain open during the many
mon hs of the assessment.
Another thing going against the idea
that assessment aud. regsteration were
the same was section 2031, providing
that the .superviHors shall receive So
per day, for period of not more than
ten days. In the majority of the States
the commencement OF Regeneration was
| Just ten DAYS previous TO the ele .tion,
but the duties of the supervisors here
would certainly consume more than ten
days, and the Government certainly did
not wish It's officers to work for moth
Ing.
Mr.. Bates turned to the laws provi-
ding for assessments of this State, and
providing for the qualification of voters.
There were i've qualifications in this
State, according to the laws, as follows
LIST, for white male citizens 2nd, citizens
over ~ years OF age; 3rd, one years resi-
dence In the State; 4th, a residence in
tho county Tor the last month preceding
the election; 9th, payment of county
tax SIX months pre- vious TO the election.
The speaker then went over the law by
sections, first discussing the system OF
assessment This was clearly a list of the
property holders, and when com d Iced
was TO be hung up for the citizens TO see
that the amounts on the list werecorrect
and that all were equally and properly
assessed. The assessor was then 10 sit 10
correct errors In the amount assessed
and To see to the assessing persons omit
ted, and not OF adding names of voters,
He com pared this with the U. s. Stat
utes. How utterly inconsistent, he arpu.
cd, are the two systems and there appIl-
cation to each others 1t is an impossi-
bihty TO comfort the system OF assess
ment into one of registration. The Levy
Court was TO send for persons omil ted
aiter the lists came INTO their possessio on,
ana II they were property holders, TO
put them on the lists, not TO INQUIRE n
he was qualified voter
There was different list made ont nv
the Clerk of the Peace in the month OF
August, which was TO be made up of
persons residing in the different hun.
dreds. This was not an assessment list,
but IL might be- construed to be a regis
tfatlon. III this be- registration list
there IL no opportunity to surprise this
by supervising the assessment list. But
even thls could not be- construed TO be A
registration for IL is not conclusion and
the vote OF man on the list can he
challenged. Or after the list is made n
citlZen may move out of the country
and vete elsewhere, having attained one
nd gE