Watertown republican. [volume] (Watertown, Wis.) 1860-1906, 1880-08-04
THE REGISTRY LAW.
tng from the Decision Recently Made
By the Supreme Court.

JOHN T. DELLs vs.. VIM. KENNEDY, L
81. LANE and JOHN LocHENIEs is the
title of the case usually called the emil
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 a man from voting, if his name
was not registered before election, unless
he became voter after the registry was
completed in which case he could pre-.
sent his proof to the board and be allowed
to vote-it 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 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 | 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 as
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 lire this to
be done and the propriety of doing it has
been approved by this Court in the cases
above cited. The only question remain
ing to be decided Is whether the Legisla.
ture 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, prsna facie 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
registration of the electors to be made
previous TO 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 be
shall be allowed to vote on the day
of election, it has the same power
to enforce the registration by depriving
the elector 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,
and permit only such excuse for not regis
tering as in its discretion it may deem a
valid excuse. If an excuse for not regis.
tering must be given In order to entitle
the non-registered elector to vote, what
shall be sufficient excuse must either be
declared by the Legislature, or its suffi-
cheney must be submitted to the judgment
of the inspectors, or any excuse which
the elector shall himself deem a suff1.
cient 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 regis try laws
are necessary to ensure 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-
BILE, to make the necessary investigations
on that day. Registration is in fact moth.
ing more than method of taking evi.
dence beforehand of the right of the
elector to vote on the day of election. The
registry law in question in this case
throws no distractions in the way of the
elector who desires to vote. If he voted
at the last previous election his name is