Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1892-11-02
NOT THIS YEAR,
,ror Piercy Arrived a Day
Too Late.
cooding's Decision In the
'' Mandamus Suit Against
recorder Osborn.

-, nc. Gooding yesterday rem
' . decision in the case of the man
DER l,s proceedings instituted by Julian
u n,.cv against Recorder Osborne to
r'U W. that official to enter the appli-
n,is name upon the great register
'| a.. the close Of registration by law.
81" TLa conflict between the statute de-
,.ing the qualification of voters and
Nv. uuT Prescribing the powers and duties
'1 ,,Ss recorder is recognized, but in ar
INC at the decision the judge was
n;dsd by the legal principle that in
Ss.s where provisions of law are found
'. -. he contradictory the more recent one
lathe stronger.
The decision is voluminous and as
follows: -, A..
..iars Of the statute relating to the
''"aI;6cation and registration OF voters
g' .ss M is possible to reconcile them.
Tb s are so plainly aud palpably con-
ir,odictory that they cannot be recon-
'iIod ny anv known rules OF interpre-
lion or construction. One OF the
SnaIi6cs,ions Of an elector fixed by the
sgrst,te IS that his name must be en-
oiled on the great register OF the
sonnty, Par. 1899. This is an act
Sying the qualification OF electors. The
rsgistration act is a separate act. II it
shond be stricken down for inconsis-
,snry question might arise whether
very elector might not be lacking In
one Of the qualifications required by
,hs statutes, the statute requiring
hat his name must be on the great
,ayis,er. Independent OF this, however,
Lam disposed to hold the registration
law valid and operative if it is
nossble TO do SO on account OF ITS ten
dspcy TO protect the ballot OF the lawful
voter against its being nullified and
kiIIed bv the casting Of an illegal or
fraudulent vote, and also in pursuance
of the well known rule that all statutes
are TO be held valid unless they are
MAINLY and clearly invalid. The last
session OF the act for the registration OF
electors provides as follows; "No regis
tering officer shall be permitted 10 place
any name upon the register after the
twepty-Rrst day before an election"
Par. 1922 provides Twenty days before
,hegeneral election each
county recorder must make out q copy
Of the entries existing on the register
on the twenty-frst day preceding such
election" Par. 1924 provides that cop
les Of these lists shall be furnished to
each election precinct in the county.
"There is no provision for furnishing
any other or supplemental list to the
precincts OF the county. | must con-
cIude that il the legislature had in
tended that names should be put on the
great register after the 2lst day before
an election that IL would have provided
for supplemental notification TO
various precincts.
"To preserve the efficiency OF the re-
gislration at all and to prevent endless
confusion think it is quite clear that
force and effect must be given to the
last section OF the law which forbids
any name being put on the register
alter the 2lst day before an election
aud this in accord with the established
rule Of construction Of statutes, that
huclC blClS hiC
the last shall control. This places
the voter who comes from another
county, having registered there,
on footing with the voter OF this
county who is absent until after the
registration closes. The hardship is no
greater in the one case than in the
other. The one loses his vote by being
away from his home until registration
is closed, the other by changing his
home too late to register at his new
place Of residence. Each one by his
own act, and not the law, makes his
own disqualification. The application
for msndamus in this case will be
denied"
The only effect Of this finding at this
time will be to settle recently raised
and vexstious question, and have little
bearing on the approaching election in
this county. About score OF voters
are affected by it, but the number is so
equally divided between the two politi'
cal parties that no advantage is con-