Savannah morning news. [volume] (Savannah) 1868-1887, 1881-01-08
THE CITY REGISTRATION.
Decision OF the supreme Court.


lished in full, and until yesterday no copy
Of it had been received here. Capt. Geo. A.
Mercer, one of the counsel for the CON-
p'ainants In the case, who had written to
Atlanta for certified copy Of the decision,
yesterday received the document. AS In
terest to see the decision IS general we OBJ
tanned the use of this copy and herewith
present it In full:
John Mcmahon ct ali vs.. the Mayor and Al
dermen of the city Of Savannah. Injunction
from Chatham.
SPEER- j.
McMahon ct ALI fled their bill in Chatham
Superior Court, alleging that they are citizens
of the city Of Savannah, and of the county and
State aforesaid, are taxpayers OF said city, and
some Of them owners of taxable property in
said city to q large amount.
They also allege that they are duly qualified
and entitled TO vote at elections for Mayor and
Aldermen of said city. They show that the
constitution of the State of Georgia declares
that every male citizen of the United States,
twenty-one years of age. who has resided In
the State one year next preceding the election,
and six months in the county in which he offers
to vote, and shall have paid all taxes required
Of him, and which he may have had an Oppor-
tunity of paying agreeably to law except for
the year OF the election, shall be deemed an
-elector.
And said constitution farther provides that
the General Assembly may provide from time
to time for the registration of all electors, that
laws of general nature shall have uniform
operation, and that no special law shall be en-
acted in any case for which provision has been
made by an existing general law; that local
and private laws passed for the benefit Of citi-
zens, not inconsistent with the supreme law nor
with said constitution, shall have the force of
statute law, and that all legislative acts In VIC
lation of said constitution are void.
Complainants allege that the Mayor and AL
dermen of the city of Savannah claim the right
to add to the qualification Of an elector at gen
eral elections for Mayor and Aldermen in said
city, that such voter shall have made all legal
returns required by the ordinances of said city
and shall have been registered according to
law.
Complainants further allege that said defen.
dants, through its officers and agents, and par
ticularly through Rebarer, its Clerk of Council
Is now engaged in enforcing against your ora
tors and other citizens and taxpayers said lille
gal qualifications and requirements, claiming
the right to do so under the charter of said
city, as amended by an act of the General AS
semby of Georgia, approved August 7th 1872
Said act provides that said Clerk shall open a
list for the registration Of voters. to remain
open from the first Monday in July until the
first Monday in December, till o'clock D. m,
1t made the duty of such Clerk, upon the APP
plication in person. and not by proxy of any
person entitled to vote, in said city, as required
by said city charter, and by said defendants to
register the name OF such person, age, occupa
ton or business. and place of residence: and
further, the applicant shall pay to such Clerk,
for the City Treasurer, the sum of one dollar
In lieu of poll tax, and shall receive from said
Clerk q certificate of his registration, upon the
production OF which he shall be entitled to
vote. and not otherwise And further said
Clerk may, in any case, administer an oath to
the applicant, touching his right to be register
ed. Said Clerk is required to publish list of
the names In one OF the gazettes in the city of
Savannah, also to affiX sa list at the court
house door, and Exchange, and to furnish the
Magistrates presiding at the election for Mayor
md Id of fl1aV1
And said Magistrates are authorized to admin
iSter to any person attempting to vote an oa tn.
containing among other things the averment
that such voter was duly registt red as afore-
said, which, it is alleged, differs essentially
from the oath prescribed for voters by the
constitution of Georgia 1t is further alleged
that said registration and production of said
certlf1cate are made essential qualifications Of
the right to vote, and that any person voting
or attempting to vote, who is not so qualified,
is subjected to q criminal prosecution and sub
Je:ted to be committed instanter, BY the pre-
siding Magistrate to the common Jail
1t is further charged that SAID election law
is manifestly inconsistent with the constitu-
ton or Georgia, and prescribeS qualifications
for electors not authorized in said constitu-
ton, and that said laws provisions have been
repealed by said constitution and said law
will disfranchiSe lawful voters under the CON
situation, and deprive them of their right to
vote without paying poll on their part
Notwithstanding the facts set forth, the said
defendants and their Clerk are now engaged
In carrying out said illegal requirements and
insists that before any legal voter under the
constitution OF Georgia can be allowed to vote
at the approaching election for Mayor and
Aldermen, to be held in said city of Savannah
on the third Tuesday in January next, he
must first register his name, paw a registra-
ton tax, be prepared to exhibit his certificate
of registration, and to take the oath as afore-
said. 1t is further alleged that the defendants
cannot legally collect the poll tax, and pay the
same into the city treasury. Complainants in
s'st that they and all other voters and tax
payers will be subjected to annoyance and ex-
pense of a criminal prosecution if they in
sist upon their rights as electors under said
constitution; that the said officers of said city
who superintend and manage the election are
without means, and could not respond in dam
ages to your orators for refusing to receive
their votes. Further, it is averred TO prevent
a multiplicity Of suits, and to obtain adequate
relief and protection, resort to equity is
necessary.
That they are property-owners and taxpay.
ers interested in the legal and proper apprO-
priatiOn of all moneys in the city treasury;
that defendants have no right to use public
moneys contributed by taxpayers TO carry out
any such illegal act. That carrying out this
act is causing great expense in publishing
printing, purchasing books, etc, and that large
sums are being misappropriated for this lille
open violation of said law of registra-
ton; that many of said applicants
do not AMI are not required
to pay said Clerk the registration tax; certifi-
CHLtS are uOL D6l0R Q6nVereQ DY EalQ clerk
required by said act, but parties desiring to
control the result of the coming municipal
election have bean, and are still pres enting
names of persons alleged by them to be ouali-
fled voters, and raid Clerk is filling up cerlifl
Gates OF registration, without requiring them
to pay the + giStration fee, with a view and
intention of delivering the same aC some
future day prior to said election, not to said
applicants, but to parties so furnishing said
names 1t is alleged said practice is contrary
to the manifest spirit ard intention of said
acf, and leads to gross frauds, and to the defeat
Of the popular will.
The prayer is not only for a subpoena, but
also for an injunction directed to defendants,
its officers and agents, and to Rebarer as Clerk,
enjoining them, and each Of them, from further
carrying out, or attempting to enforce or carry
out in any way, said Illegal election law and
s. stem OF registration, from printing
books and tickets, and lists of said reg
lSered persons, and from expanding any of
the public moneys in carrying out said law,
etc, and from furnishing to managers who
will preside at said elections any list of the
names of registered persons, and to restrain the
delivery OF any certificates of registration in
the hands and control Of defendants, etc.
To this bill defendants filed a general de
murrer. and also three separate answers, which
it is not necessary for our purpose, We should
set forth.
The bill with the afidavits, answer exhibits,
etc, were submitted to the consideration of
the presiding Judge on application for an in
junction, and who refused said injunction and
passed the following order:
On the hearing upon the rule to show cause
why an Injunction should not issue this day
had, it being the opinion of the court that the
city registration law is valid and constitutional
and still of force. Upon this ground alone and
without passing upon The effect of the afflda-
Wits submitted, it is considered and ordered by
the court, that the injunction be- and the same
is hereby denied and refused.
To which decision compliments excepted
and assign the same as error.
1t will be seen from the Judgment pro-
nounced by the court below, he limits it strict
ly to the question made, as TO the constitu
registration law as referred to in com plainants'
bi |, aud against the enforcement of which the
Injunction was sought. And in our review of
said decision we alone feel called upon to re-
view the Judgment pronounced and excepted
III.
"All legislative acts in violation of the CON
stitution are void, and it is the duty of the ju-
dietary so to DECLARE" But In considering and
passing upon the question of the constitution
atty of law the rule is too well established
and settled to be departed FROM that it must bo
made to appear t. at the statute before 1t is de-
clared imperative for that cause must be
plainly and palpably in violation Of the con-
stitution. 18th Ga 2l0.
again the solemn act of the government
will not be set aside by the courts in doutful
case. The inpompatibility or Fepugnancy be-
tween the statute and the constitution must be
Guided by this ru e, we are to inquire whether
these registration laws complained of are
plainly and palpably" in violation or the con-
Rttutipn of 1877.
The constitution declares THAT every male
citizen of the United States (exceDt "a herein.