The morning news. [volume] (Savannah, Ga.) 1887-1900, 1894-12-21
LOCAL LAWS WON'T HOLD.
Chatham'S Registration Law Will be OHt
Of Date After The Coming Election.

Mr.. Walter q. Charlton ana nal p W.
MeIdrim Both Think the Local Laws
Are Repealed by Il e General Regis
tration Law Recently Passed-Mr.
Charlton tt inks the Local Law IN
constitutional Because It Imposes a
Qualification IN the Voter That is Not
Uniform Throu Rhout the State
The trend OF opinion among attorneys
seems 10 be TO the effect that local regis
tration laws viii no hold, and that after
the elections 10 be held next month all
other elections viii have 10 be held under
the general registr aiion law which was
passed at the recent session OF the legis-
lature.
The opinion obtained from the Office OF
the attorney general by tie. correspondent
of the Morning News is TO The same effect,
# being held that all local registration
laws are replaced by the general law,
and this seems to mean that the Chatham
county law win have to go toe. Mr.. Walter
G. Charlton has at various times made
some study of the subject of local regis
tratiOn laws. and he was asked by rep
resentative Of the Morning News for his
opinion as to whether the general law
would replace the local law.
My opinion off-hand," Mr.. Chan lton
said, 'Is that the general law would re-
peal the special law for this and eve ~
other county. on the ground that il is ul'-
constitutional. The special registration
law here Is used in state and county cleo
tons. but they have never dared use it in
congressional and presidential elections. /
although the constitution provides that
the qualifications Of electors in one case
shall be the same as those in the other.
THE constitution of 1877 contemplated a
general registration law This is a matter
over which the state has supreme control
and it is in the power of the state to pass
such general law and consolidate the re /
quirements, making them similar in all
parts of the state. 1t seems to me that the
local law is clearly unconstitutional as it
places qualification on the voter which
does not exist uniformly throughout the
state. In 1889 an opinion was given on the
registration law of this county by a num-
Der Of prominent lawyers here to the same
effect, and the law at that time was very
similar to the present one.
mo one has any right to put any disa-
bility on me as voter that does not exist
everywhere else in the state. The qualif-
cations of voters for the officers specified
must under the constitution be the same
throughout the state, then why should 1
be required to register as a prerequisite
to voting when such is not required of a
voter In some other county perhaps in my
n
any private or vested right but in mat
ters where private rights are not af-
fected think such a general law cOntem-
plates that local laws which IL is intended
to take the place of, shall be repealed. The
constitution of the state makes provision
for a general registration law but does not
countenance special laws for individual
counties"
In this connection it may be stated that
on Sept. Is, 1890 short time before the
congressional election, after a conference
between Messrs. w. G. Charlton, T. 2.
Ravenel, and Hon. A. p. Adams an opin-
ion was rendered to the effect that the
special registration law Of Buloch county
was unconstitutional on the ground that
II put qualification on voters not placed
on those in other counties. Mr.. Charlton
then gave it as his opinion that if applied
10 the election there was a possibility of
its losing Bulioch's vote for Mr.. Lester
Mr.. Charlton said he had no reason to
that time.
Maj p. W. AIeldrim was asked for views
along the same line. He gave a glance at
the different laws of the state on the sub
ject and expressed himself as follows:
1t appears that there was a local or
particular law providing for the registra-
ton of voters in Chatham county, and
That on Dec. Is a subsequent general law
providing Tor the registration of voters in
the state was approved. The question
Is, does the general law repeal the par
ucular laW2
The particular law in Chatham county
IS not named in the general law, for the
repeating clause is the usual clause that
this act be and the same are hereby re-
pealed. The principle by which this ques-
tlon must be answered is that a general
law does not repeal a local or particular
law unless particularly named or neces-
Sarily from its terms embraced therein
Hence, to determine whether or moi the
local or particular law has been repealed
Dy the general law, it is necessary to de-
lefmlne whether or not the general law
from its terms necessarily embraces the
Iocdl OF particular law. The question is
not free from doubt The rule is to at
Tempt 10 arrive at the intention of the
general assembly, and to ascertain that in
ton, the old law, the evil and the remedy
must De Kept in view. The old law pro-
Kiaed no general system of registration.
put there was local or particular law
Inc evil consisted in the absence of a
general registration law and the exist
S S,ss, on certain local or particular laws
uIneTIhg one from the other. The remedy
1Ethsisteu IN the enactment of a new law
winch was intended to provide uniform
registration throughout the state
The constitution of this state rave
lover 10 the legislature TO provide from
tline 10 time for the registration of ali
electors. 1t would, therefore, seem as if
II were the purpose of the constitution TO
provide for registration. The constitution
Iurther ordains that laws of a general ma
lure Shall have uniform operations
throughout the state. 1t would. therefore.
seem that from the terms of the general
law TO provide for the registration of vot-
ers in this state, that necessariIV If was
intended to embrace all voters in this
stste voting at elections for the several
oincers, as provided for in that act
10 determine this question with GER
talnty, a greater degree of investigation
rs required than it is possible for me to
give 70 1t on the moment, but for rea-
sons stated, my first impression is that
this general law was intended to en-
brace in its terms all local and particular
laws on the subject of registration gov
erning elections for the officers designated
N the hrst section of that act, and there
Tore that It repeats the local or particular
law tor the county of Chatham. This
view is entirely a superficial one, and do
not wish II to be considered a s. an opinion
formed after due consideration"