The progressive farmer. [volume] (Winston, N.C.) 1886-1904, 1894-03-20
s l. B. VANCE
AN. x 1000 OTHER CITIZENS DIS
FK CHISRD IN THE NINETH
DISTRICT.
Hon camond Pearson Discusses the
Partisan Election Law Judge Avery's
Opinion Against Common Sense
and Hoiv Writ

1
five years ago wrote letter to the
Asheville Citizen condemning the cleo
tion law which had just been passed by
the legislature of 1889. In that letter
l used these words:
1t Cthe election law puts premium
on fraud, and vests arbitrary and dan
| gerOus powers in the registrars, and in
vltes Federal interference"
Since the Ate of that letter Repub
lican Congress has tried and failed to
pass the Lodge Bill; Democratic Con
gress has tried and succeeded in pass
ing the Tucker Bill, which sweeps from
the Federal statutes every vestige of
law which makes bribery in elections a
crime or which imposes penalties upon
fraud and corruption at the polls; in
fact the repeal of all penalties on brib
cry and corruption in elections is the
only act of general Importance on
which the present Democratic Con
gress has been able to agree, on all
other questions Tammany and the
South are hOpelessly divided
Since the date of that letter our
Supreme Court has construed the new
election law and their decision in the
case of Harris, VS.. Scarboro, N. c.,
Rep. 11O, page 232, gives the registrars
powers much more arbitrary and dan
gerous and horrible, than 1 had sup
posed that law would warrant.
wish to make some comments on
that decision in language as respectful
as the case will permit. Judge Avery
delivering the opinion of the court
Judges Clark and Davis dissenting-
declares in substance that if the regis
trar makes a defective registration of
the voter, it is the fault of the voter and
not the fault Of the registrar; and that
the voter so registered is disqualified
from voting, that the votes of all per
sons improperly registered must be
thrown out and not counted, that the
registrar in such cases is not to blame,
out the ''gross carelessness or the mex
cusable ignorance of the voter"
The Importance of this decision will
be understood when l state as do
from personal examination of the reg
istration books in the Ninth Congress
sional district, that there are in this
district to day twenty five thousand
voters disfranchised out of total of
about thirty-three thousand voters on
the lists. The names or places of birth,
or places of residence, are improperly
recorded and under the decision they
cannot legally vote unless they are
registered again in strict compliance
with the requirements of the act of
1889.
AS it now stands, the Mayor of this
city cannot vote because his name is
put down "T. W. Patton" instead of
Thomas w. Patton"
The Chairman of the Board of County
! Commissioners cannot vote, for two
reasons: 1. He is registered as -. E.
Rankin" instead of -. Eugene Ran
kin" 2. Because his place of birth is
put down as Tennessee" without Civ
ing the county or town where he was
born. Il B. Vance" cannot vote, al
though he is known by that name at
least among his neighbors in Black
Mountain township, and has voted
under that name unchallenged for
forty four years.
Now, as a matter of fact and Of COM
mon sense, whose fault is it that
twenty five thousand men in this dis
trict are improperly registered; they
presented themselves personally to the
registrar, answered all his questions
and took the oath which he admins
tered, and yet they are no more able to
vote than a penitentiary convict.
Judge Clark, in his dissenting opinion,
saws the registrar is sworn and paid to
do his duty, that it is his business to
make the registration full and sufficient
unless the voter wilfully refuses to an
swer his questions, that if the law re-
ouires an officer to do thing it is his
duty to do it right, now in the light or
common sense, which is right, Juoge
Avery or Judge Clarke
It a register of deeds Improperly
registers a deed, is it his fault or the
fault of the man who presents the deed
for registr ation9 No man is allowed to
lose the title of his land by such an
error of the register of deeds; then why
should he lose his vote by such an
error of the registrar of elections
What mockery of the rights Oh
freeman to put him through the form
of registering, ask him series OF per-
sonai questions, administer solemn