The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-12-11
SOME IMPORTANT RULINGS.
FOR REGISTRARS INCLINED TO ACT
ON THEIR BELIEF.

obey Its Rulfngs-lt FaFty's name
Is on the County Registration List
ID Is Prtma Facie Evidence That
He Has Complied with All the
Laws Governing an EIectOr-ReG-
istrnr HeImken Directed TO Regis
ter Three lie Had Refused.
The politicians are making things lively
for the registration commission, and it
begins. to look now as if the commission
would be in daily session up TO the time
the registration closes.
The commission spent the afternoon
yesterday on another case brought by the
Liberal Club people against Registrar NJ.
G. Helmken, representing the Citizens
Club in the Nineteenth precinct, there
being four cases in which it was held
he should have registered the parties APP
plying. but failed to do so.
During the course of the hearing, the
registra ton commission. which met in
the superior court room, made several i'm
portant rulings, which viii undoubtedly
bear upon the future registra tion of par
ties applying to the registrars. The
commission disposed of the charge of o.
fensive partisanship against Mr.. Helmken
very shortly, it being unanimously of the
opinion that the evidence and the cases
cited did not sustain the charges of par
tisanship to the extent to warrant the
removal of the defendant.
In this connection, however, Judge Nor
wood announced that if any registrar dis
regarded the rulings of the commission
and still persisted in refusing to register
parties applying who were entitled to reg
istration under them, such action would
make a case Of offensive partisanship,
which would be considered by the com
mission. This, it appears. means that the
registrars had all better be on their
guard, and follow carefully the advisory
rulings of the commission or there will be
some ground for such charges.
Messrs. Walter c. HarIridge and NJ. A.
O'Byrne appeared to represent Peter L.
Beranc and others who had been denied
registration by Registrar Helmken, ana
Messrs. ]. Ferris Cam and Joseph M.
Dreyer appeared in the defendants be-
half. Mr. Cam objected to going on with
the hearing. as he said they had not been
given proper notice. He himself had been
notified of the case only few minutes
before it was to be called up. Mr.. Hart
ridge held that the registrar should know
his reasons for refusing to register par
ty at the time he refused, and, therefore,
no preparation in the way of securing evil
dence should be necessary.
The commission saw no reason why the
cases before them should not be heard at
once, but in this connection they made
ruling that hereafter before a registrar
can be summoned before them on any
charge, the charges must be specified and
sworn to, a rule must be issued and copy
of the charges and the rule must be
served on the defendant. In case rule
was applied for, it was announced that
it could be issued by any member of the
commission.
1t was also ruled by the commission
that if mans name appears on the
county registration list, that Is
prima facie evidence that he has
paid all taxes up to the time his name was
placed on that list, and with that pre-
sumption If he presents his 1896 tax receipt
he is entitled to be registered. 1t was
stated, too, that If a mans name appears
on the county list that is prima facie evil
dence that he is of age, and entitled to be
registered. When an applicant for regis
tration has his record clear in these re-
SDeclS the DuTutIl u pIOOl lllhL lie mas hOl
paid his taxes or that he is not of age is
thrown upon the registrar, who must
have direct evidence to support it, and
must not act simply on his belief.
Mr.. Cam then asked how about a man
who had no tax receipt for 1896 If the
mans age was such that he was not re-
quired under the law to pay taxes, Judge
Falligant said the registrar should accept
the mans oath or affidavit with regard to
the matter in the absence of any direct or
positive evidence to the contrary. If a
man makes a false affidavit, he said, he
is of course liable to punishment.
The commission. Judge Falligant said,
was simply advising for the good of all
parties concerned, and its rulings were
made for the benefit of one side as well as
the other. The technical rule was made he
said, with regard to future cases, but with
regard to the case before them the COM
mission saw no reason why 1t should not
be disposed of at once.
The first case taken UP was that OF
Peter l.. Berane. who went to the Nine
tenth precinct to be registered, and had
with him all but his 1895 tax receipt. He
had the receipt for 1896, and when asked
what he had done with the 1895 receipt
stated ii was lost but he had paid Tho
tax. He offered an affidavit to this eff
feet to Register Helmken, but was re
fused registration. Mr.. Beranc made
practically this statement on the stand
though his testimony was a little more
In detail. it was here that the commits
sion decided that there was no reason TO
the charges of offensive partisanship, bu
with regard to Mr.. Beranc's case it wa
decided unanimously by the commission
that he should be registered, as his mann
appears on the county list, unless Their
was actual evidence produced by tn
registrars that he had not paid the take
mentioned. The registrars had no evi
dence to this effect, and Mr.. Beranc of
fered an affidavit that he paid the taxes
so the commission decided he should b.
registered.
Judge Norwood then announced that &
the registrar persisted in refusing regis
tration to parties in similar cases afte
these rulings had been made, they woul,
be liable to charges Of offensive partisan
ship, which would be investigated by tn,
commission.
The next case was that Of james w
Morgan, 70 years old, whom Registrar
Helmken also refused TO register Mr.
Morgan's age appeared on the county reg
istrauon list as Il years. but when III
went to register he said he was 49, on
account of this discrepancy Mr. Helmlel
refused 70 register him, though so far a
his liability for taxes was concerned thi
NEHH rlaHaHa HnHas