Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1880-08-05
THE REGISTRY LAW.
Opinion of Mr.. Justice Tay;or, Dissent-
ing from the Decision Recently Made
By the Supreme Court.

| title OF the case usually called the mil.
waukee registry CASE" in which the
Supreme Court recently decided that our
| present registry law is unconstitutional.
| The Court held that as the law absolutely
prohibited q man from voting, If his name
WAS not registered before election, unless
| he became voter after the registry was
completed in which case ne could pre-
sent his proof to the board and be allowed
to voteit was an arbitrary abridgement
OF the rights Of the people in the matter
of voting, and therefore unconstitutional.
They had passed on previous registry
laws. and declared that the Legislature
had right to enact them, and In this case
merely object to the provision absolutely
cutting off a mans right to vote unless
he is registered. Mr.. Justice TAYLOR
dissented from his brethren on the bench
in their view OF the matter, an l has filed
an opinion, OF which brief abstract will
be of interest to our readers:
The opinion, after reciting the facts in
the case, and mentioning the decisions
sustaining previous laws, begins by say.
ing: THE object of all registry laws is
to ascertain, before the election day, who
are the qualified electors in such election
district, and to do away with the necessi.
ty, so far as possible, of investigating IS
to the qualifications of electors on the
day of election, and to prevent fraudulent
voting by giving publicity beforehand to
the names of all persons who claim the
right to vote at the coming election. The
right Of the Legislature to req dire this to
be done and the propriety OF doing 1t has
been approved by this Court in the cases
above cited. The only question remain
ing to be decided is whether the Legisla.
iure can, anticipating the Inconvenience,
delays and trouble attending the investi-
cation of such questions of fact on the
day of election, provide for their being
investigated and settled In whole or in
part, prima fdcie or absolutely, on some
day or days before the day OF election,
and give to such provisions the form of
law by sanctioning the receipt OF votes
only upon condition of such provisions
being compiled with by the electors Offer
ing to vote"
The learned Justice then says: "To my
mind it appears very clear that If the
Legislature has any power to require a
registration of the electors to be made
previous 10 the day of election, and to
compel the non-registered elector TO give
some good reason for his failing TO pro.
cure himself to be registered, before he
shall be allowed to vote on the day
of election, it has the same power
to enforce the registration by deprlving
the elec,or of the right to vote unless he
becomes registered as required by law. II
the Legislature may compel an elector to
give reason for not registering, it may
declare what shall be sufficient reason,
aud permit only such excuse Tor not regis
tering as in its discretion it may deem
valid excuse, II an excuse for not regis
tering must be given IN order to autltle
the non-registered elector to vote, what
shall be a sufficient excuse must either be
declared by the Legislature, or its sutfi.
cheney must be submitted to the judgment
of the inspectors, or any excuse which
the elector shall himself deem sutfi-
Gent reason for not registering must be
accepted as sufficient" The Judge then
gives short history of the decisions In
the former registry cases, and argues at
some length as to the right Of the Legisla.
ture to impose qualifications for electors,
when necessary in order to establish their
right to vote, to the satisfaction of the
board"
Afterwards, the Judge says; expert
ence has demonstrated that registry laws
are necessary to ensure a fair and honest
vote in all large cities, and such laws have
been enacted and enforced in very many
OF the States Of the Union for many
years In order to preserve even pre-.
tense of purity in elections in the large
centers of population, it is necessary that
evidence Of this right of the electors to
vote should be produced before the day OF
election, in order to enable the real elect
ors to vote on that day, and that 1t would
be highly inconvenient, If not impossi-
bic, to make the necessary investigations
on that day. Registration is in fact moth