The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1894-06-20
The Registration Law Test.

This morniag the all-important mat
ter Of the copstitutionality of the regis
tration laws of the State was brought up
for argument upon the rule to show
cause issued by the Court under the
mandamus proceedings.
When the cause was called the
Attorney General rose and said that be
knew this vas the time set for the hear.
ing of the cause, but the State vas sot
ready to 60 ahead with the case. He
bad no time whatever to even make the
return. The supervisor. the respondent
in the case, had been sick in bed and
had been served while in bed. In con-
sequence Of this none Of the papers Of
the case bad reached the bands Of the
Attorney General till short time before
the Court convened. He therefore
made motion that the case be post
poned till the next term of the Conrt
Mr. Obear, Of counsel, representing
the petitioners in the case, replied. say
ing that to postpone the case till the
next term would deprive his clients of
eheir constitutional rights in the coming
election and they would be practically
disfrancbised. He hoped that the
Court would take the matter up and
decide the important question involved
prior to the coming general election.
If the petitioner aud other men were
entitled to have say in the election,
they wished to know it in time to
make use Of such knowledge. He
urged the Court not to postpone the
matter till the next term Of the Court.
The Attorney General replied. he
said that the great irreparable injury
that would be done the petitioner in
this case would be the disfranchisement
of a voter who had made no attempt to
obtain his constitutional rights since
1882. It vas too near the time of the
adjournment Of the Court to bring up
and consider such grave and serious,
indeed almost revolutionary, question.
No one could get ready in SO short
time to argue such question. The
State was not to blame. His Office was
filled with business. He and his
assistants had had as much as they
could do. In the last few days they
had been working nearly all night every
night. It was a physical impossibility
to prepare the case. As be had said
the supervisor had only brought the
papers to him that very day and bad
gone back to bed sick. Besides this be
said the petitioner Gid not even allege
that be had availed himselfof the re-
medies for bis case laid down in the
Act. He had not appealed to the Court
Of assistant supervisors.
Just here Capt. L. D. Melton, Of
counsel for the petitioner. said that as
the return of the State bad not been
made it vas impossible to 60 into the
questions Of law involved, and he asked
the Court not to consider anything else
but the question as to whether the Court
felt that it could proceed with the hear
ing or not. There was no eleventh
hour in the matter Of giving a man bis
legal rights. The attorneys could not
bring the matter before the Court
sooner than it vas possible. They had
come as early as they could. If the
matter was delayed it would be very
serious delay and the people could not
enjoy their constitutional principles.
Chief Justice McIver then asked
Attorney General Buchanan if be not
being ready now, how sooD he could get
ready to have the hearing. Mr.. Melton
remarked that be was perfectly willing
to let the State fix any time SO that it
was before the general election.
The Chief Justice then said that there
we're peculiar circumstances surrounding
this case. They were as judges put
there to hear causes 10 their regular
order as prescribed by Law. Frequent.
ly, however, they diverged from their
rules to accommodate the members of
the Bar. He did not see, however, how
they could do so in this instance, having
due regard for the interests Of the petit
tioners and all concerned. He could
not see Why the matter had been so long
postponed, why it had been delayed till
the last Monday before the adjournment
of the Court But they would be will
ing said the Chief Justice. TO overlook
the long delay ordinarily, but they could
not do that uow 10 this case without
disregarding the rights Of those who bad
gone ahead and complied with the
registration laws and we're qualified
under them to vote.
In conclusion the Chief Justice said ::
"And therefore the Court grants the
motion of the Attorney General With
this modification, that the return be filed
Oh the first Monday of the oext term Of
this Court and that copy of the same
be filed upon the petitioners attorneys