Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1889-12-18
THE MANDAMUs CASES.
Judge ZsHe Figures Out What the
Registrars May Do.

Judge Zane gave his decision in
the mandamus cases this morning
The opinion was rendered in
rambling style, but the substance
was about as follows.
The question az issue was whether
the acts Of the registrar were Judi
cial or ministerial. The complain
ant, Henry Cumberland, had said
that he wanted to register II en-
titled TO do SO. He was advised to
take counsel. He exhibited a GER
uficate Of naturalization, which
was objected to by the regis
t1r, who advised him to get
an endorsement from the present
clerk, The registrar should have
filled out a blank oath for the plain
till, on the first statement mede,
and when he refused registration.
Later, the plaintiff went to the
registrars house anu insisted that
he be registered. Morris refused 10
register him, and referred him TO
the last week in December, when
an office would be opened and due
notice given. Was il the specific
duty Of the defendant 10 have regis
tered PLAINTIFF Tire Utah Com
mission Issued circular which is a
fair construction Of the law. and
under this the registrars were acting.
BY this circular the registration
commenced Monday. Nov. 4.
and ended before December Is.
Judge Zane reviewed the circular
ut some length, and said that the
registrar was required, when a voter
was objected TO, to have a hearing.
Ihls raised him to the rank Of
Judicial officer. But before this
point is reached his Office IL minis
terial. The registration officer has
no discretion then. HE'S moi bound
70 take any oath II ~ knows the
facts are false. But if the registrar
refuses man who is entitled to
register, he would DO SO at his
peril. The discretion of the regis
trar would protect him when lac was
acting IN judicial capacity, but
not so In ministerial capacity. This
was the case under the Territorial
law. Congress, en- iess, made some
additional disgualifications of voters.
Inc Z nited States Supreme Court
IN substance authorizes the regis.
trars TO receive evidence, and SAVE i'm
effect that they are not confined TO I
an atliGavit IL they relect a man
Tor reasonable cause, and not malici- 4
Ously, they are not liable for dam |
ages. Has the act Of 1887 made any
change? That is where the whole /,
question turns. The law Of lSST 1
prescribes the form of pruof-it is
10y affidavit, and rs 10 that the ofli- /
Ger has nc discretion, But the Off
Ger isautherlted to inquire whether .
peroon Is guilty or has been con-
Flcted of certain ofIenses, when ap-
pllcation is made for registration,
In regard 10 this latter clause the
registrar should exercise due dill
gence. He has ne right to trifie
with tho rights Of the voter, which
are very important, as upon the ex-
preston Of the voter the government
stand. None but superficial, Thought
less or wicked men wsuld tfife
with a voters rights. ! am of opinion
that the Registrar can inquire in ref
erence to disqualifications under
the laws Of Congress; it is his
duty to make the inquiry. So
far, his acts are not ministerial.
The mandamus in this case, and in
that Of J. II. Back, ami OF VIM. ].
Bachman VI. +. r. Clute, are here
10y denied. 1t devOlves on the
Utah Commission TO see that these
registrars do their duty faithfully.