The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-11-04
REeIsrRArIoN 1N GEoRaIA.
Judge speer Holds That No Valid Law
Eas Been Enacted

has Been Enacted.
MACON, GA. Nov. 3-Judgs Emory
Speer OF the United States district court, o.
the Southern district Of Georgia. has de
cided that the registration laws are null auC
VOID when applied to national election.
This startling decision was given out to
uay ana MAKES interesting reading through
all or It's seventeen typewriter pages.
The objection to the appointment Of sup
eryisors OF election in the counties OF Wal
keinson ana Richmond, filed byR COMMITTEES
iron the Dung Mems Democratic Club Of
richmond county brings out the decision
which is as follows: After giving the reason
for his appointment by Judge Don A. Par
dee to perform the duty Of appointing sup
erVlsors, Judge Spser goes on TO give the Oh
lectlons sent in by the COMMITTEES aant ON by
Rlchmont county TO the appointment oil
supervisors. The first Of these objections Ia
that the petitions for Supervisors in Rich
mond and Wilkinson came too late aud did
not comply with the law. The committee
hoIds that supervisors must not only super
wise the casting and counting OF the ballots,
but must also supervise the registration
when registration laws exist For this
purpose they hold that the law sets
out that the judge must within not less than
ten days prior To the registration open the
SOua u vi IL no EoktsLThClOn law 6NtstS then
ten days prior TO the election. Bus as there
is tho law in Richmond and Wilkinson
counties and the registration books bsinS
closed, it Is too late to appoint supervisors.
THE JUDGE DIsSESTs.
To this position Judge Speer, with due
consideration TO the high character and
standing of the committee, dissents. He
quotes the law from section POLL of the Re.
vised Statutes applying to the application
for supervisors, and also from section 2Ul2
providing for the opening and keeping oper
or court. IL may be seen at a glance. he
says, that the appointment of supervisors q
to guard the election or registration, CT
both. If the application is to have
the registration sorutinized, then the
court must open ten days prior
to the registration opening, but If for cleo
lions ten days prior to that time. The
statute is not obligatory on both. The
clause on which objection is based, Judge
Speer said, is simply directory as to time,
and neither confers, denies or limits powers.
The decision then goes on to say: 1T
will be, of course. conceded on all hands
that in general the valid laws of the stats
determine the qualifications OF the voter at
local, rational or congressional elections, pro-
vided always that the state laws do not pre-
scribe qualifications which are inhibited by
the federal constitution"
In this connection, Judge Speer quotas
from the constitution OF 1877, which pro-
vides that every male citizen Of the United
states Except as hereinafter provided), 81
years OF age, who shall have resided in this
state one year next preceding this election
and six months in the county, aud paid oil
taxes which he has an opportunity to pay,
shall be considered an eleotOr These pro
visions define the qualification OF voters at
elections for presidential electors and repre-.
sentatives in congress.
Next the provisions of the state constibu-
ton as to registration are considered.
Article 2, section 2, says: 1.-The general as
sembly may provide from time to time for
the registration Of all electors" but Judge
Speer says this registration would be, of
course, operative upon all the voters IN the
state at such elections as being the right OF
the state and recognized by the federal law.
REGISTRATION REQUIREMENTS.
THE grave matter for consideration then
is )" says the judge. has the stata Of Geor-
gia required registration for all voters al
elections for presidential electors and
congress, aud are the varied and numerous
registration laws of the state relative Go
such elections, aud are the county registra-
ton laws in consonauce with the oonstisIl.
tion of the state of Georgia and the oonsti
tuition and laws Of the United
Statesl Article l, section 4, provides for
uniform operation of general laws, and
that no special law can be enacted for
which provisions are made by general
law. The existing general law at that time
empowered any qualified voter for mem
bers Of the general assembly to vote for
any candidate or question submitted to the
voters Of the state in any county
of the state, and for any candi-
date or question which is submitted
to all the voters Of any district or circuit in
any county of the circuit or district in
which is embraced the county Of the voters
residence, Code. section 1878. Under this
provision then, Judge Speer says, the legis-
lature is inhibited by article l, section /,
above quoted, from enactiGg registration
laws to affect general election. as for
presidential electors or representatives in
congress, for particular districts when IL fails
TO enact a reform law for the same terrir
tory and does not inhibit the enactment OF
any registration law affecting the qualiflca.
tiCn of voters unless the law is NOS uniform
throughout the state. The provision of the
constitution that the general assembly may
provide laws for the registration OF all
voters does not give any foundation TO the
statute that denies to one voter what an
other enjoys"
Judge Speer then cites the difference in
the registration laws ia Pierce county, In
Appling in ChattooGa, in Floyd In Bald win,
in Wilkinson, In Warren and in Bib coun-
ties, the last named having. however, been
pronounced unconstitutional by the superior
court on other grounds. These varying
laws, he says, afford sufficient proof that
the registration is not only NOT
uniform, but that it is most far
reaching. irregular and generally un-
fair. It is announced by eminent
authority that while registration laws are
constitutional their requirements must be
reasonable and uniform. and equal facilities
must be afforded to all citizens Of the state
to vote at elections. Especially 10 this true
in Georgia.
For these reasons the court is of the opin-
ion that as constituting an objection 30 the
appointments Of supervisors, the registration
enactments of the general assembly are
imperative and void because in
conflict with the constitution Of the
state With such registration laws as exist,
congressional district might be gerry
wandered and the fundamental laws OF the
United States set at naught. All registra-
ton enactments varying and denying equal
opportunities are contrary TO the federal
statute and are nugatory. To conform TO
the state constitution and national laws, the
state must have a uniform law and judge
Speer in his decision holds that no such law
has been enacted.
MIXED TICKETS IN KANSAS.