The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1892-09-29
DEPARTMENT DOINGS.
RECORD OF Yesterdays TRANsAC-
TONS AT THE CAPITOL.
How, Where and by Whom the Governmental
Affairs of the People Of the Great
Commonwealth Of Texas Are
Being Administered.
RNEY-GENERAL's OFFICE.

III
The following opinion on the regis
tration law was rendered yesterday
by Assistant Attorney General Smith
in answer to inquiries by Judge w
III. Jenkins, county judge of Waco.
Section "a of the registration act
provides: "All ballots used by voters
at said election shall be furnished by
the officers conducting said election,
upon which shall be printed the
names of all candidates for state,
county, precinct or city offices upon
one ticket, and arranged according to
the respective parties to which the
candidates may belong" Nothing is
said expressly in the law about the
candidates for presidential electors,
but If all the ballots voted at the gen.
eral election must contain the names
of the candidates for state, county and
precinct offices, 1t necessarily follows
that the tickets for presidential cleo
electors must contain the names of the
candidates for state, county and pre-
'cinct offices. Or stated reversely, the
general ballot may contain the
names of the candidates for
presidential electors, arranged &C.
cording to their respective parties as
the names of other candidates are
thereon arranged.
In answer to your second inquiry
you are respectfully advised that If
under section 25 of said act, any can
didate should have ballots printed,
he must have them printed in accord
ance with the requirements of section
"a and furnish them to the presiding
officer of the election at least one day
beford the day of the holding of the
election.
Hn answer to your third inquiry you
+areGespectfully advised that in my
Judgment the word furnish" in the
clause. GAIL ballots used by the voters
at said election shall be furnished by
the officers of said ection" (section 24)
implies the physical act of supplying
each voter with ballot at the polls
when he comes to vote. This is clear
from the context in which the word
appears and from the 25th section in
(which IL is provided that any can
, didate may have ballots print
sed and handed to the pre-
siding officer, i. @. furnish the
ballots in the sense of providing them.
But, while this is true, it does not fol-
low that the election officers may not
provide the necessary ballots for the
election.
The act, while providing for the
payment of other expenses of election,
is silent as to the expense of printing
and providing the ballots. The can
didates, it is true, may arrange and
provide ballot in accordance with
law. But suppose they do not do it.
The express duties, devolved by the
act upon the officers of the election,
can not be carried out without the OBJ
tanning in some way of the prescribed
ballots. AS heavy penalties are de-
nounced against election officers, who
wilfully disregard any of the provis-
the nature of things, be accorded the
right to say what ballots are prepared
as the law directs, and if an abundant
supply of legal ballots are not furnish
ed to them in ample time be.
fore the election, they ought to
have, and in my judgment
have the power to cause the same to
be prepared, and the expenses thereof
in all state and county elections
should be paid by the commissioners
court out of the general revenue fund
of the county. This implied power is
necessary to the exercise of the ex-
press duties and powers and results
as well from the nature and necessity
of the case.
In answer to your fourth inquiry