Arizona republican. [volume] (Phoenix, Ariz.) 1890-1930, 1892-10-29
CAN HE REGISTER?
ian PearCy, Lately of Yava-
pal County.
Applied to the District CourtfoI
a Interpretation of the Cloudy
Registration Law.

,sse Of more than ordinary interest
ome before the district court on
,,jsy morning at 10 o'clock, and it's
decision will possibly affect the
anon Interpretation Of the Arizona
,.Ntion law. The nature OF the
a. as follows; Julian Pearcv un-
week ago was a citizen of Yavapai
NV and has been a resident OF the
ritory for ten years. Under the new
l.rstion law he was registered in
'npsi county. He concluded to
= to Maricopa county and on Oc-
N II, the day before the close OF
| ,.uslion under the statute, he APP.
4 to the recorder OF that county for
sdifcate Of registration and cancel
I'D. lie was given the certificate
[lurived in Ph@Rix two days later,
dsy after the close OF registration.
| pplied TO Recorder Osborn 70 have
nsme entered on the register, but
APPLICATION was denied.
Yesterday through his attorneys
|@s. Baker and Campbell, Mr..
XIV began msndamus proceedings
Eaost the recorder to compel him to
~ the comPlsinant's name on the
ser.
rs is said TO he q test case, upon
sue OF which rest several others.
pud seem that the recorders duty
i he premises Is clear, but there are
" sections Of the registration law
| Ii are SO conflicting as to render the
|sation OF the legislators ambiguous.
! he following section appears to dis
Iniy the spplicant for an elector:
nj No registration officer shall be per
sd 10 place any name upon the register
EAe twenty -first day befi re the election.
no section of the law upon which
Pearcy bases his claim to registra-
reads as follows:
@ No persons name may be entered
Is upon certificate showing that such
SrcauOn has been cancelled and upon
IDlay the sffidayit OF the party that he is
! .SOr OF the county in which he seeks 70
|, nlEered.
Ii applicant further adduces the
sEiDg in support Of his claim:
| lNA In the great register the recorder
Is hereinafter provided enter the names
= gah persons whose names are not already
s0n and who are then qualified electors Of
bounty, or who by reason of arriving at the
IM2l years or uy reason OF their having re-
\ six months in the territory AID the
-die time In the county II the time when
! ae1t ensuing election will occur, and
! ID be entitled 10 vote at such election IL
|tssred
he prohibition contained in the
Esection quoted appears to be def.
y, supposing the recorder to be a
ksiration officer withih the meaning
be statute. The second section,
Ming the duties aud power OF the
Esuier seems to inply, however, that
hAiOt an ordinary registration Off
|yEl is authorized to epte- no name
b the register, except in such cases
Ee Set forth in that and the ORE
hing sections.
asse cases all relate to persons
Doe names for various reasons do
sIppear in the FagisseT which mus.
e been already elDsed, otherwise it
pa not be in the possessian Of the
gller.
Whether Mr.. Pearey is a1 "eleetor."
hoHgh having eepee iuta the county
blaqs previous TO the next general
slai8n aud so untitled to REPATRIATION
uaa this section, Is stiA smother ques-
pa That he is quRhtied by bis reel
saa there 10 no doubt, but the cleo
z law expressly says that q quail
|aiion of an electer is registration.
Is not registered and is
before not sn eleetor. On the other
lnd il he were there would BIZ no need
sgstrati9n and the seetion would
IN to be uuueceasary.
seiion l6e4 though appsreutly re-
srg also 10 such cases as Mr.. Pesrcy's,
HoSs sons light on the matter, de-
ing a qHelifed voter to he q person
y has attained a right to vote by
sience, and would further "be en-
I'd to vote at each eaectien If regis
nd"
he recorder, however, dAeiared that
''o1ld be guided only by the first
zion quoted and would enter Mr..
reY's name apen the register only
A'r a decree from the court. This is
'ably the 6rst time sucA . question
been raised under the registration
Of Arizona or under q similar law
lly other territory or state. At any
there 10 no record 81 similar con-
" 80 that il one has ever arisen il
no, taken 10 a higher court.
is worthy OF mention that Mr..
aicy is Democrat. Mr.. Osborn is
pa Democrat. The applicants at
aeys are Democrats. 1t is con-
sred rather remarkable that Mr..
fcy should wish to incur the expense
-en will necessarily attach to the es-
0Shment Of his right to register.
sse Democratic eoineideRces and the
lacant's abnormal hurry to become
0ler just at this particular time
'n IN connection with the circum-
ace that in the other cases Ringing on
one the applicants are Democrats,
St the proceedings with additional !
'fest to Republicans.