The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-10-29

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We think it is proper while there is yet
time for all applications to be made to the
Court in the matter Of the correction and
election, to state the views of the Court
as tosthe necessary steps to be taken un-
der the statutes la order to have the name
of voter added to any registry list, or to
have the name OF an alleged Illegal
voter taken therefrom.
This Court has the power to add to the
registry the name ofhany person who
shall appear before and prove to the sat
isfaction Of the Court his right to vote at
the ensuing election. but whose name
through absence, sickness, inadvertence
or other sufficient cause has been omitted
from the registry.
In order to have name added. we re-
of the applicant who desires TO be regis
tered and to vote. He Is admitted to vote
upon the Court being satisfied that he is
entitled to vote, and that his name has
been omitted from the registry as above
stated. The evidence upon which he is
admitted must be under oath, and SO far
as its material portions are concerned In
writing.
So far there appears to be no difficulty
The statute is plain and easily observed
whatever may be the difficulty Of the
Court in deter mining whether the appli-
cant is entitled TO vote or not.
1t is only In the exercise Of the power
to strike from the registry the name of q
person placed there by the boards Of
registry that any difficuity appears.
The Court proceeds In summary
manner" aud there is but four Gays, or
at the most Eve days, allowed for tho per-
formance of its duties, aud yet the for
malities provided by the Statute must be
observed by all parties and also by the
Court A state of affairs might easily
arise In which it would be utterly i'm
possible for the Court to perform these
duties in the space allowed.
The proceedings of the Court may and
do affect the rights OF those who allege
themselves to be, or are alleged by others
to be voters, and therefore we must act
judicially, and only wish legal discretion.
Only legal evidence can be presented to
us in the matter, and we can only act
upon such evidence, and in determining
questions before us the Statute must be
interpreted according 70 the legal rules of
construction.
When once name has been entered
upon the registry BY the Board con-
stituted by law for that purpose and COM
posed of adherents Eof both political
parties, and by them allowed to remain
there after the revision aud correction,
which they are empowered to make, the
presumption is, that the name Is right
fully there, and that the person Is entitled
to vote, and before this Court can direct
the name to be striken from the registry.
it must appear clearlySby legal evidence
to the Court, presented in accordance
with the Statute. that he will not be en-
titled to vt te at the ensuing election.
The statute also provides that the per-
son whose name Is sought to be stricken
from the registry must either be present
submitting to the jurisdiction OF the
Court In the matter, or II absent, then IT
must appear upon application being made
to strike his name from the registry, that
notice has been QjUeI him, either person D.
ally or by leaving the same, at his as
signed place Of residence (Which is the
place of residence designated on the
books or list Of reGistration) with some
person above the age of fourteeu
years at least tlc0 entire DAYS before
the session Of the Court at which the ap-
application, and of the grounds on which
the application would be based.
This notice. by q proper reconstruction OF
the statute, must be in writing; and 1t
must be served two entire days before the
apple tion is made. The statute. think,
defines what It should contain.
Some question has arisen. IN the mind
of the Court whether these notices should
be signed by one or more persons, voters
In the county. After careful examina
ton of the question rs matter of Legal
authority and matter of construction OF
this statute, we have concluded that be
yond doubt these notices should be signed
by some one and this is made clear from
the fact that they can be served only BY
some voter of the precinct of which the
registry is to be corrected.
The Court under this statute has no in
herent power of action. IL can only act
when an application Is made, and II the
party against whom action Is sought Il
absent, then it cannot act unless proof Ii
before us of the service upon him. as pro
vided by the statute. of this writer
notice. Without these Things before us
we are prevented from interfering.
II no complaint be made as provided
by the statute. then the legal assumption
is that there exists no cause of com
plaint.
This notice is the warning to the alleged
Illegal voter that there are oh jections tx
his right TO vote. 1t Is u premonition ol
1t is the institution Of the said to deter
mine the question whether hs will be en-
titled to vote or not. II is the act neces-
sary to give the Court jurisdiction to try
that issue.
1t is she document which first informs
him of the nature of the Intended appli
ration to be made against him. 1t Is the
accusation against him that either by his
own act, or the act OF some one else, his
name has been falsely or negligently been
placed upon record which invests him
with important rights. and that the In
tention of the notice is to correct this
wrong. This sort OF notice or co mmuni-
cation must not, cannot be in law, anony.
nous. The person to whom it is directed
and upon whom it is served has the right
to know the source from which 1t
emanates.
He cannot otherwise have any satisfac-
t,on as to its verify. The notice must be
given to him, and it would be
absurd to saw that it was given by nc
one. The word "given" in the statute
has Specification quite different from
the word Served" The word "given''
here imports that the notice Is given by
some one, some individual or person in
terested either as q voter, committee or
candidate in the election.
1t will be seen how important the SER
vice is made by the statute. How only a
certain class OF persons can make service.
Importance than the service?
The statute does not empower the
Court to give this notice or direct 1t to be
given.
The Court cannot direct who shall
make the service.
This is regulated by the statute. By
the statute 1t must be served bys voter OF
the precinct, otherwise the Court obtains
no jurisdiction, although 1t be very clear
aud undisputed that actual service WAS
made by some other person. This notice
sets the law in motion. and induces the
action OF the Court, Some one does this.
1t is his act-his name should be signed
to the notice. 1t Is equivalent to a
legal process. and must be signed