Savannah morning news. [volume] (Savannah) 1868-1887, 1881-01-08

are but means OF carrying out the registra-
ton law, and are strictly in unison with its
purposes, which are to provide for the proper
designation and ascertaiEment OF a voter in
municipal elections. While it may not be- and
is not in the province of the Legislature to pre-
scribe new qualification for an elector. it
to regulate the mode and manner of conduct
Ing elections, for the purpose Of securing q
fair and legal result at the ballot box
IL it is not competent for the Legislature TO
provide regulations for the conduct and man
agement Of municipal elections, beyond re-
curing the electors to be clothed G0ith the
constitutional qualifications, then there
would be an end of all municipal
county could vote at the municipal election.
II registration Is new qualification, as con-
tended for, so would residence in the corporate
limits be, aud each be violative of the consti-
tuition. To surrender the municipal govern
ments Of the State to the consequences of such
construction of our constitution, would be
ehectualiy TO destroy them.
We can not see how the registration acts of
the city may not be consistent with the power
granted the Legislature to pass a general
law on the subject of registration, as contain
ed in the constitution. The mere grant of this
power generally we can not see how it repeats
the power once exercised in behalf of the city
or Savannah. Municipal corporations form
an exception to the rule which forbids the Leg
stature to delegate any Of its powers TO sub
ordinate subdivisions. Restraints on the legis-
lative power of control must be found in the
constitution of the State or they must rest
alone in the legislative discretion. If the legis
Iatlve action in these cases operates injuriouSly
TO individuals, the remedy Is not with the
courts. They have no power to interfere and
the people must be looked TO to right, through
the ballot box, all their wrongs Cooley 1919
D; Ibid. 1877; Ga. 1874; 2 Rawle 574; Ca
210-16; 16 Ga 102
The imposition of a poll tax OF one dollar,
to be paid at the time of registration, is sim
ply the payment of the usual poll tax due By
the citizen, and which the State allows the city
government to collect through its officials, ard
for which the State gets credit in the oistribu-
ton OF the school fund to Chatham county.
1t is q tax imposed by the State for educational
purposes, and collected by city officials under
this local law enacted by the General Assembly.
In any view we can take of this amended
act, or 1917, OF the charter, can see an
tagonism between it and those provisions of
the constitution prescribing the qualifications
or electorS;" and seeing no inconsistency be-
tween these enactmentS and the constitution
we do not see why this local law enacted for
the benefit OF the city of Savannah" mot
being inconsistent with the supreme law, or
with the constitution" and mot having expir-
ed or been repealed, " is not "of full force as
statute law, - as the constitution declares
Whatever may have been the evidence be-
fore the court Of the wrongs and frauds al
legged to have been perpetrated upon the tax
payers of the city, by the enforcement of these
registration acts, we can only say the court
below pronounced no judgment on the issues
therein presented, and we are not called upon
to review the same.
We can only add that the Legislature and
not the courts are invested with the discretion
of determining what laws are promotive of
the public morality or otherwise, and so long
as those laws are not plainly and pGlpabIy
Violafive of the constitution the courts must
recognize and uphold them Such abuses
must be corrected by an appeal to the people
at the ballot box. Courts have nothing TO do
with the wisdom, policy or expediency Of a
law. These are matters purely of legislative
detberation and cognizance.
Let the judgment of the court below be
affirmed.