The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1895-07-10

tue QScdl CIUCeTS VI tuc SOFSt oth0u'
than that adopted in the present case
has not been suggested, aud | am at
loss to conceive of any. 1t will be OBJ
served that the fund here in question
was derived from taxes levied under
and by virtue of the act to raise sup
plies for the fiscal year commencing
November /. 1898, for the purpose Of
meeting appropriations to defray the
current expenses of the government
for that fiscal year. and, SO far as | am
informed, there never was any special
or separate levy Of taxes to pay the
salaries Of supervisors of registration.
How then was it possible fer the tax
payer to raise the issue here presented
by refusing to pay his taxes or by pay
ing the same under protest and bring
ing an action to recover them back.
The action does not and should DOT
proceed upon the ground that any
wrong was done to the taxpayer in
levyiog and collecting the taxes upon
which the fund 10 question was derived.
for such taxes were levied and collected
for an entirely lawful and proper pur-
pose. the payment of the current ex-
penses of the State government. and
ence no resistance in any form could
have been made to such levy and COL
lection But the wrong complained of
is that after the fuud derived from tax
alton had been properly placed in the
treasury, portion of it is about to be
diverted from the legal purposes to
which it is properly applicable and ap-
piled to an illegal purpose; and how
that wrong can be prevented except by
an injunction forbiddiug the officer
charged with the custody of the fund
from so misapplying it, must confess
am utterly unable to conceive.
I cannot, therefore, concur in the
conclusion reached by the majority Of
the court that the complaint should be
dismissed for want of Jurisdiction On
the contrary. am satisfied that this
court has jurisdiction and is bound to
decide the real question in the case,
viz the question as to the constitu-
tionality OF the registration law Upon
that question I have hereiubefore set
forth the reason for my conclusion. to
which still adhere that the said law is
clearly unconstitutional
II am therefore cf the opinion that
the prayer of the complaint insofar as
it seeks to enjoiu the Comptroller Gen
eral from drawing any warrant on the
State treasurer for the pay Of any su-
pervisor of registration and to enjoin
the State treasurer from paying any
such warrant, should be granted
A leading attorney. who read the
Chief Justices opinion all the way
through, thus summarizes it:
The Chief Justice announces the
conclusion that he arrives at on the
merits Of the controversy, namely. the
constitutionality of the registration
laws. lie says 10 substance that these
euactments are in violation of suodry
provisions of the State constitution. all
of which he enumerates. He holds
that the many provisions and require
ments set forth in the registration laws
as prerequisites to the right of ballot
are burdensome and uneven. and could
net have been intended to merely reg
ulate the right of suffrage. but upon
the contrary, the effect of the proVl-
sions of the law is to abridge and i'm
pede the citizen in registering and vo'-
ing He says that all registration laws
to be constitutional. must have for
their purpose the regulation of the
suffrage, and their province should be
to facilitate aud not to discourage regis
traton.
He holds that the closing of the
books on the fret OF July, and allow
ing no provision for registration, ex-
cept for minors, between July lst aud
election day. is also unconstitutional !;
also, that the scheme of the ace. which
is to have but one general original reg
istration, is contrary to the section Of
the constitution, which requires the
registration from time to time of all
electors 10 the State He also holds
that the certificate feature Of the act
in effect requires double registration =
namely. that the voter must both be
registered on the books and also have
a certificate of registration. and present
it to the polls, aud that such provision
is 10 contravention to the State constl-
tuition He points out various other
sections Of the act that are constitution
ally obnoxious. And he says shat
there are SO many provisions OF the
registration law that are unconstltu-
tional, and that they are so interviewer
with the provisions that are not other
wise void that the whole act must be
declared unconstitutional. ,