The record-union., 1892-07-04
REGISTRATION AND ASSESSMENTS.
Work for Which Extra Deputies May
be Employed.
A New Great Register Required This
Year in Every County, Says the
AttorneyGeneral.

county; that County Clerks have author
lty to employ extra clerical assistance for
that work; also, that County Assessors
are not affected by the Supreme Court
decision in the case of Dougherty VS..
Austin. The decision is quite long, and
goes fully into details. The following
extracts will give very clear idea of
General Hart's conclusions:
3 1t is the duty of the Board of
Supervisors to comply with the law, and
have a Great Register for every election;
and as Great Register does not now eX-
lst for the purposes of the next general
election, it is the duty of the board to pro-
vide one. Their discretion, if any, can
not be exercised TO defeat the plain object
and letter Of the law.
Looking either at the letter of the law
or at its apparent intent and purpose
wiz, to prevent frauds at electionS), l ar
rive at the same conclusion: That a new
and complete reg gistration of the voters
must be had, and that it should COM
mence exactly 100 days prior to the next
general election, in conformity with the
requirements of Section 1904 of the Pc.
| htical Code, as amended Statutes OF 1889.
.. 424). Under. said Section 1896, leach
name must be numbered in the order of
Its entry; that is, the first man who
registers is mo. =" the second NO. 2,
and so on. In cities like san Francisco,
having precinct registration" the first
man registering in any given precinct is
No. /" the second NO. =, and SO on.
1t is true Section lib, Political Code.
provides as follows:
On the first Monday of October in each wear
III which there shall be u general or Presi-
DENTAL election, and ON the thiriieth day prior
to each general election held every two years
! thereafter each County Clerk must make q
cory OF the uncanceled entries existing on the
Great Register OF their respective counties.
Ihe Board OF supervisors of any county may,
by order, proViJe for the preparation and dis
trIbutlon of Township or Precinct Registers
Tor each township, instead of copies OF The
Great Register. For the purpose of regiStra-
Hon. ana preparation OF q new Great Register,
OF OF Township or of Precinct Registers, and
copies thereof if ordered by the Board OF
supervisors, the County Clerk must employ
such assistants and tor such times and al
such compensation as shall, from time TO
time be authorized by said board, which shall
be paid out Of the Country Treasury; such or
Ger may be repealed ana re-enacted as often as
the bOard OF Supervisors may dt EN- eXpedi-
ent; provided, that nothing in this section
snail be held to repeal any election or regis
tranon law applicable to or in force in the
city and county of San Francisco.
But the trouble is that there is no Great
Register to copy from; for the present
so-called register does not contain what
the law now requires a register to con-
tain, and if the Clerk should copy the
''uncanceled entries" he would neces-
sarlly fail to give the following subdivis-
ions of the new law, viz:
3. The hight.
4. The complexion,
5. The color of eyes,
s.. The color of hair.
:. The visible marks or scars if anv and
their locality.
10. The Postofice address at date of entry OF
each person.
And thus fail to comply with the new
law i'll these regards. AS a matter of fact.
a register made up in the manner Dro-
vided for by Section lib is in effect
new Great Register, becomes the Great
Register of the county and takes the place
of the former Great Register And as il
would take effect on and as of the first
Monday of October, it would, in order to
constitute the new Great Register of 1892,
necessarily have TO comply with the law
as it now exists, which cannot be done by
following Section lll3, because the So
called old registers are no longer registers
to be copied from, as they do not now
contain the entry as it must now be en-
tered. After the next general election
has been held it will be in the discretion
OF the Board of Supervisors to order a
new and complete registration. as public
convenience, may require Tor future cleo
tlOnSj but for the approaching election it
appears TO me, for the reasons stated. to
be matter not of discretion, but of ne
cesSity.
No county in this State should place
! itself i'll position to make the election in
this State and perhaps in the United
states, doubtful question by reason of
the failure to comply with the law. Ma
media County has no right to jeoparlize
the election in this State simply because
some OF its officers think the county
should not go to the expense of d re-
registration.
am dearly of o,,ipiO,, +ho+ A. - -.
be registration of all the voters in
this State for the next general election.
and in all counties other than thee City
and County OF San Francisco, the regis
| tration should commence one hundred
days before the next general election.
and shall continue eighty-fve days
thence next ensuing. Sec. 1894, Political
Code, Stats 1889, p. 424.
Section lib, Political Code, provides.
among other things, as follows: ''$s i
The Board OF Supervisors Of any county
may, by order, provide for the prepara-
ton and distribution Of Township or
Precinct Registers for each township. in
stead OF copies of the Great Register
For the purpose of registration, and
preparation OF a new Great Register. or
of Township or of Precinct Registers
and copies thereof if ordered by the
Board OF Supervisors, the County Clerk
must employ such assistants, and for
such times and at such compensation as
Shall, from Tune to time, be authorized by
said board, which Shall be paid out of the
County Treasury; such order may be re-
pealed and re-enacted as often as the
Board OF Supervisors may deem expe-
dientp
The fact that the persons employed, un-
der Section lib, Political Code, to regis
ter voters, are to be employed eighty-five
days only, shows it is to tide over the OK
Inpt1pU n rnniEinu no
sons do not necessarily mean the deputies
referred to in the County Government
Act The deputies therein referred to are
the permanent ones required to carry out
the ordinary business of the Office.
ASSESSORS DEPUTIES.
Section 1904 of the Political Code pro-
vides:
If the Board of Supervisors of any county
fails or refuses either:
i. To allow the Assessor to appoint a sniff
cient number of deputies to make the assess
ment; or,
2. TO furnish the proper books and blanks
for his use: or,
3. To turn sh the Assessor necessary Office
room; then the State Board of Eauaiizafion
must, upon the application of the Assessor.
make the allowance or furnish the proper
books, blanks, or Office room; and all the ex-
pense incurred in carrying into effect the pro
visions OF this section must, by the Secretary
of the board be certified to the ConfroiIarT
who must, in his next settlement with the
County Treasurer ofany such county. REQUIRE
such Treasurer to pay the amount out of any-
funds belonging to such county
My conclusions from the foregoing sec
| tions are:
| l. That the Assessor is entitled to such
number of deputies as will, in the judg-
ment of the Board of Supervisors, enable
him to complete the assessment within
the time prescribed by law.
2 That the salary of the persons so APP
! pointed is to be not more than So per day.
Here the compensation is fixed by the
| Legislature. and the provisions of Sec