The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-05-13
IS IT CONSTITUTIONAL {?
Chatham'S Registration Law May Be
Looked Into.

Same Time-ThoaEht BY Some to Be
in Violation of the Spirit Of the Con-
stitution-At Any Rate the Judges
Would Have Right to Decline the
Appointment-Do Not Like Being
Brought Into Politics.
1t may be interesting TO know that
among some of the legal fraternity the
question is being discussed as to the con-
stitutionality of the new registration law
which is now in operation in Chatham
county.
The paragraph in the state constitution
with which the law is considered to be in
conflict is article l., section l., paragraph
XXIII.. which reads:
THE legislative, judicial and executive
powers shall forever remain separate and
distinct, and no person discharging the
duties of one shall at the same time exer-
else the functions of either Of the others,
except as herein provided"
The Judges of the superior city, and or
dinarys courts, who compose the regis
tration commission, of course, do not act
on that commission in their judicial ca
pacity, but as commissioners who have
been designated in theact by their official
descriptions, rather than any other. So
far therefore, as the first clause Of the
paragraph is concerned. the law might
not come within the operations of the con-
stitutiOn.
THE COMMISSIONERS FUNCTIONS.
It is certain, however, that the func-
tions OF a registration commissioner are
not judicial; they would fall more prop
erly. perhaps under the executive powers
than under any other Therefore, when
the last clause Of the paragraph is con
sidered, which is to the effect that per-
son cannot be Judge and an executive or
a Legislative officer at the same time, it is
claimed that the registration law is in
conflict with it.
The constitution also provides that
each of the bodies Of the legislature shall
be the sole judge with regard to election
returns and qualifications Of its members.
The judges who form the commission SUI
pervise the registration of voters who
ballot for mem bers of the general assem-
bly,, and here again, in case of a contested
election to that body, contrary to the
spirit of the constitution, the legislative
and judicial powers would come in con-
1lict.
AN EXECUTIVE DUTY.
The appointment of registrars and the
supervising of the registration under
legislative act would seem TO be of an ex-
been vested in persons who were not at
the same time judges there could have
been no question about it. 1t may be in
teresting lin this connection to note
a decision on this line. one of
the first rendered by the supreme
court Of the United States The justices
were John Jay, chief Justice, Cushing
Justice, and Duane, district Judge the
three sitting as the circuit court Of New
York, which, with the other circuit
courts of the United States, had been
constituted by act of congress commits
sioRs for, according to the caption of
the act, 1.-THE settlement Of the claims of
widows and orphans barred by the
limitations heretofore established, and to
regulate the claims to invalid pensions"
DIVIDED INTO BRANCHES.
The judges were unanimously agreed
That by the constitution of the United
States the government is divided into
three distinct and Independent branches
and that it is the duty of each TO abstain
from sand to oppose encroachments on
either. THAT neither the Legislative nor
the executive branches can constitution
ally assign to the judicial any duties but
such as are properly judicial, and TO be
performed in a judicial manner"
The next paragraph goes on to show
that although the judges were TO act in
the capacity of commission the act pro-
"
somewhat in the nature of a court of
errors on the judicial acts and opinions of
the court which was not authorized by
the constitution.
MIGHT DECLINE TO ACT.
The judges of that court regarded
themselves according to their decision as
being the commissioners designated by
the act and, therefore, being at liberty to
accept or decline that ONCE. Regarding
- r,sNra- -, l;-l,@ 7.
lent one and a worthy object, the
Judges agreed to sit as such a COM
mission, while on similar grounds
and on a more strict construction OF
the constitution other circuits courts in
many Of the states declined to act as such
commission. If, therefore, the first clause
IN the paragraph OF the state constitu-
ton referred to were the only one, the
judges under this construction Of the law
would have a right even then to decline
or accept the appointment of registra-
ton commissioners as they saw fit But
the latter clause comes in and makes ii
more doubtful
Another view of the case is that the of.
fees of the judges are elective one OF
them by the people and the Others by the
general assembly. They would be dis
qualified to act as the judges in any way
IN the case of contested election where
the present registration in concerned
DO NOT LIKE THE POLITICAL FEATURE.
The judges, it is understood, made nc
protest against the appointments as com
missioners of the registration, because II
seemed that they might be instrum en- Ia
in doing some public good, but they Object
to being brought into situations
where they may be charged
with Partially to either one fac
tion or another. 1t is exceedingly unpleas
ant to them to be brought into connection
with politics in any way, yet when theJ
are called upon to decide questions of
partisan or factional nature with regard
TO the registration, they as com
missioners have no other option
unless they decline TO serve as sucf
commissioners, which 1t would seem i
their constitutional right 1t is probable
the matter will be looked into, and lega
Or judicial opinion formed with regar,
to it.
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