The morning news. [volume] (Savannah, Ga.) 1887-1900, 1892-11-05

| BY the act of 1887 q registration Is required
Tor richmond county. By the acts of 1888 one
rs required TOT WILKINSON county. and our posi-
tion IS that the registration books being now
| CLOSED and no application hav nE been made ten
| Gays prior to the registration it is now too late
| for supervisors to be appointed"
| After the careful consideration Of tho vievys
l or the committee, which the high character of
/ its members, all of whom are DISTINGUISHED
members Of the bar Of this court would natur-
ally occasion, we find il impossibIa TO as
| sent to their conclusions Section 9OfI of the
| Revised Statutes provides that 'twbeneyer in
any city or town having upward of - 900 inhab-
ltahts, there are Two citizens thereof, or waen-
ever, IN any county or parish in any congress
slonaI district there are ten citizens thereof of
| soou standing, Whoi prior to any registration
OF voters for an election for representative or
| delegate IN the congress of the Unitei States
| or prior TO any election at which
representative or delegate in congress
| Is 70 be voted Tor, may make known, in writing,
| 20 the Judge OF the circuit court of the United
! states, their desire to have
such registration or such election. or both
guarded and scrutiniZed, the Judge, within not
less IMAM ten days prior to the registration, if
one there be, or, If no registration be required,
| withlnAnot less than ten days prior to the cleo
ton, snail open the circait court at the most
/ convenient point In the circuit. Section 2OI2
J proVlueS' The court, when so opened by the
| Judge, snail proceed TO appoint and commission,
| from day TO day and from time to time, etc -
| IL VIII De perceived at a glance, that by the
| statute, the appointment of supervisors is
| authorized to guard and scrutinize the registra
| ton II there be registration. or the election,
or both, as the applicants may desire.
| Inc language of the statute must bear the
| construction which its words clearly Import. III
| the Application is to have the registration
| scrutlnlzed the court must bs open ten days be-
| lore the registration; if it is intended to
| guard AMI scrutiuize the election ten DAYS
| before the election The statute does not in
| our opinion make it oblg atory upon the super
| visors to scrutuze tbs registration unless the
| application is for that purpose. The oppo lite
construction would nullIfy the option given the
! applicants to MAKE known to the court their
desire " to have such registration or such cleo
| ton, or both guarded and scrutinized."
| The representatives of the Young Mems Dem
ocratic League, of Course, rely naturally upon
the concluding clause OF the statute, to wit:
| the judge, within not less than ten days prior
TO the registration, IL one there be- or if no reg
Istration be required, within not less than ten
days prior to the election, shall open the circuit
| court at the most convenient point of tue cir
| cult. But this clause is merely directory of
| the time IN which the court shall be open for
election purposes, and neither confers or denies
nor limits the power to appoint super
visors. Indeed, section 2Ol3 of the
| Revised Statues, in the same titles, provide that
the powers and jurisdiction conferred by the
| several sections Ia point. shall be exercised as
Wen IN vacation as IN term time and the judge
sitting at chambers shall have the same powers
| and Jurisdiction. In other words the iurisdic-
| ton or the court to appoint is in no sense modi-
| fed by the direction to open the court for ten
days. at convenient place in the circut-a di-
rection, OF course, merely intended TO further
| the convenience of applicants II, however
| the construction of this statute as above ex-
pressed, is erroneous, is 1t, even then, true
| that the supervisors must be denied because of
| the registration enactments cited?
II will be. Of course, conceded on all hands
that, In general, the valid laws Of the state de-
| termlne the qualifications of the voter, whether
/ at local election or for the presidential cleo
| tors or representatives in congress, provided
| always that the state laws do not prescribe
qualifications which are inhibited b the federal
| constitution and the statutes made in pursuance
thereof Minor VS. Happersett, 81 Wall. 1862.
| 1t Is important to inquire in this connection
| what are the qualifications Of voters as defined
| by the constitution Of the state. The constitu-
! ton of 1877 provides, Every male citizen of the
| twenty-one years of age, who shall have resiced
| In this state one year next preceding the cleo.
ton, and shall have resided six months in the
county in which he offers to vote,
| and shall have paid all taxes which may
! hereafter be required Of him, and which
| he may have had an opportunity of paying
| agreeaoy to law, except for the year of the
| election, shall be deemed an elector The
exceptions refe red to in this claus. enumerate
| soldiers and sailors of the United States, re-
! siding temporarily in the state on duty; and
| persons convicted of treason against tue state
| emhezzlement of public money, malfeasance in
! office, bribery or larceny, or any crime in
volving. moral turptude, punishable by the
laws of the stats with Imprisonment in the
penltentary, unless such persons shall have
| been pardoned; and idiots and insane persons.
| These provisions of the constitution of Georgia
ueIn9 J0e QuallucaJlOnS OF voters at elections
for presidential electors and for representatives
in congress.
1t is important next to consider the provis-
ions OF the state constitution with relation TO
| the registration of voters Article 2 section ,.
of the same constitution provides that the
general assembly may provide, from time to
time, for the registration of all electors 1t
follows then that il is within the power of tie
| general assembly of Georgia to ''reuuirsn-to
use the word of section 20ll of the Revised Stat
utes-a registration Of voters for an election for
| representatives in the congress of the United
States or for an election for presidential elect
ors. This registration would be, of course, OPP
| erative upon all the voters in the state at such
elections. This is not only the right of tie
state, but 1t is expressly recognized by th4 fed
eral law.
The grave matter for consideration is, has the
| state OF Georgia required registration for all
voters at the elections for presidential electors
| add representatives in congress? Are the local
registration enactments prescribed for tue
| various counties of the state, which are practi-
! cally as varying as they are numerous such a
registration law as will relate to such elections?
Are such registration laws for particular
! counties, and differing among themselves in
multitude of material features, in consonance
with the constitution of the state of Georgia and
the constitution and laws of the United States ?
Article l, section l. of the Georgia constitu-
! ton of 1877 provides: Laws of a general
nature shall have uniform operation through
! out the state, and special law shall be en-
acted in any case for which provisions have
been made by an existing general law" Now,
|
| cred amy qualified voter for members of the
| general assembly to vote for any candidate. or
| upon any question which is submitted TO all the
voters of the state. in any county of the state,
and for any candidate or question which is sub
mitted to all the voters OF any district ar circuit
| in any county of the circuit district in which
| is embraced the county of the voters residence.
! Co lie 1875
| If this provision, which was enacted under
| the constitution of 1885 then of force, is ap-
piled TO registration, does it not follow that the
| legislature is inhibited by article l. section 4,
| above quoted, from enacting registration laws
for one county in congressional district differ
ing with the registration laws in the other coun-
| ties of the same district? Does it not further
| inhioit the leg stature from enacting r5gistra-
| ton laws TO affect general election like that
| for presi6 ential electors or representatives in
! congress for particular counties in a congress
sional district when it fails or refuses to enact
uniform law for the same territory? And
moreover, does it not inhiblt the enactment of
any registration law affecting the qualihca
ton of voters at the general ections, unless the
law is of uniform operation throughout the
| state?
| The provision of the constitution that "the
| general assembly may provide from time to
time for the registration OF all lectors,' does
| not afford any foundation for a statute which
denies to the voter, at a general election in one
| county. the privileges and immunities which a
voter, at the same election, in another county
enjoys, There is nothing in the clause which
authorizes the enactment of registration laws
| pf