The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1889-09-12
The LAST DAY
Attorney General Claybers's Decision
on 4 Point In Question.


From the Helena Journal.
In the new registration Law there Is u
provision dircctinH that the registry offices
shall bc kept open ma certain hours ION
all legal days" from the first day of Au-
gust. lss9, ITO and including the fifteenth
day of September, 1852" As the fifteenth
day Of September falls ON Sunday ~ ques-
ton has arisen i'm the minds of the rc9is-
tration agents and the people generally
whether ar not. under a pro
per construction OF this statute, it
requires tine registry offices tO keep
open OH Sunday, the 18TH day of Septcm-
her, lass, and whether registration on
that day will bc legal. The matter was
ClaybcrR, of the territory, for al official
opinion. The Encouragement has rsn-
siered an opinion ON the question holding
that the registry must hr kept open on that
day under the law, and that registration
on that day will he legal. HIS written
opinion. addressed to Secretary Walker,
II beg leave to- submit the following an
swer to your inquiry touching tbs. quss-
ton whether the reHistration, under the
recens Registry law on she hath INST; would
provides that, '.In order to carry into full
force and effect the provisions of this act,
voters for the election of state officers and
other purposes, to be held within Nom
tana territory ON the first Tuesday of
an act of relating tn the
admission of Montana and other terri
tories, "ppr"vsd February mr. =, isss, and to
voters prior to and for the purpose of such
ciection, the registry agent to be APP
such registry agent shall enter upon their
duties mot later than August 1. 1859, and
they shall at amy time they may he called
a ,Hs hours to DO Of SO 3 2 p. s 4. and "1' ! s. n ac. Sm ali
legal days from and after the 18th
: aay of g sep,a A%s.,r.' ,ss ass and 70 S.,w ssc s Sse
hours of 10 a. IN. and 10 y. m. from the 9Th
day of September tn and including the
such election, receive and register the
names of all persons legally qualified
and entitled tn vote at such election. ac-
9ress hereinbefore cited, and the provi-
slams of this act, and the law under which
such election may he held"
II will b. seen from am inspection of this
statute, that IL constitutes a special pro-
vision intended to apply alone tn the elec-
take place on the first Tuesday of Octo-
her, 1889. and that il is not IL general law
applicable to all elections. occurring with
i'm the coming, state. of Montana. IL
provides that the registry agents ''sliali
enter upon their duties not later than
t HS' shetw.e ss' the hour. of sP N. amd
sP. NJ. on all legal days from and after
the 18TH of August. 1883. tn the 5th day of
called upon to- do at their office shall reg
lister all persons legally qualified to VOTE
II provides further that ''bctwecn the
hours of IL A. Nj. and 10 u. NJ, from the
5th day of September to aud including the
18th day eff Septenhcr, 1882" the registry
s ssSs Iss s y r "siiiSr ' !" v "a".'S Oh All per-
II will he observed that the statute i'm ex-
press language Includes the hfthtccntii
day Of September, 1889, as n day OH which,
registration il authorized to bc done. In
the preceding clause h limitation that
registration shall he done on all cRald days
will exclude Sundays; hut the fact that
the statute in express terms includes the
fifteenth day of September. which il
Sunday, limits the other general clause of
exclusion of those. days. and makes il
legal tn register on the Fifteenth day of
Section POI. the 9Th division. General
Laws, Revised Statutes of Montana, pro
vides that 1.-THE Common Law of England,
-. General 1 q as n ans " and not in Conflict let With
special enactmentso of this Territory, shall
he the law and the rule of decision, and
shall he considered as of full force until
repealed by the Legislative authority BY
virtue of this enactment we have i'm force i'm
this territory the whole common law on
the subject of Sunday; but this statute is
itself the creature of the Legislature of
this territory and the enactment i'm the
which this work can TIC done, and is di-
rccted to be done ON the fifteenth day of
Scptembcr, operates as "a repeal OF the
While it is probable that the Legislature
i'm the passage of this act was not aware
that the fifteenth day of September fell
on Sunday. still, as IA rule of statutory in
depreciation. the presumption IL thai they
did know that it fell on Sunday. and that
they meant to authorize the registration
of voters on that day for this special cleo
ton but this does not in anyway legalize
the registration OF voters on any Other
hereafter be held under the provisions al
this statute.
/ do not think thcrs, can be a doubt as to
1he legality of registration on that day.
The courts will he inclined to Constrtis
literally the provisions OF the registry law
a. ~. all x.s. flV 80 x-tx