The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-07-10
The Usual Doubt as to How Far
a General Law Affects
This City.
REGISTRATION IS STILL SLOW
Little Time Is Left, and There Is Dan.
ger That Thousands Will Be-
Disf1 anch ised.

The mooted question of whether or not
the precinct re .istration decided upon by
Registrar Hinton will actually occur, and
whether or not it would be legal, is to be
soon settled by taking test case to the
Supreme Court.
Attorney George H. Francoeur, chair
man of the Iroquois Club committee
appointed to consider the matter, will
within a day or two apply to
the Supreme Court for an iniunc-
ton or a writ of mandamus, taking
the step with the consent and assistance
of the Registrar and the Election Commits
sioners. The Iroquois Club, the Registrar
and the Election Board are ell anxious to
carry out precinct registration, but the le-
gality OF precinct registration this year is
question they deem highly important
to settle in advance, as there would be
possibility that half the names on the
register might be stricken therefrom or
the election invalidated.
The whole matter OF registration is in a
doubtful and dangerous condition. There
is in this City legal tangle involved that
no lawyer has yet been willing to express
definite opinions upon.
Then, as has been urged be fore, the set
and making it close three months before
election presents the great danger that
many thousands of voters will neglect to
register in time and be DISTINGUISHED.
AS the new registration law which di-
reefs registration to begin $50 DAYS before
election and continue for 70 days is a
general one, this danger confronts the en-
tire State. Nowhere in the State may a
voter register after August s. The I'M
usual necessity for general and prompt
urging of voters everywhere to attend to
registration is a matter which all the
State Central committees are considering.
The Populist State Central Committee as
decided to issue warnings to all of its
county central committees in the fear that
its party may especially suffer.
Registration in this City has always
heretofore been carried on under special
law which provided for precinct registra-
ton. The last Legislature passed a new
general registration law, and it is the
doubt as to what extent and in what ways
this general law repeats the special law
applicable to San Francisco which occa-
sions the trouble about precinct registra-
ton. Registrar Hinton has ordered regis
tra:ion in accordance with the general
law, but has assumed that the tangIe still
allows precinct registration, though he
has ordered it for an earlier time than
twenty days before election, as specified in
the law. City and County Attorney Cres-
we'll yesterday stated the situation briefly
as follows:
The amendments to the Political Code passed
in 1895 show that it was the intention OF the
Legislat ure to have the elections in San Fran
cisco governed by the general law. This is
evident from the omission of the following
clauses in the original ACKNOWLEDGMENT:
Nothing in this section shall be held TO repeal
any election or registration law applicable to
or in force in the City and County of San Fran
cisco.n
The special law required registration to be-
gin ninety days before the election and con-
tinue seventy-five days.
The general law requires the registration to
begin 160 days before the election and to con-
tinne seyenty-fve days and then cease.
Both OF these laws cannot be put in force,
for the obvious reason that you cannot at one
and the same time commence registration 16O
days and ninety days before the election;
hence the general law must prevail.
The general law is silent about precinct reg
istration. The special law requires preciuct
registration to begin twenty days before the
election and to continue till fifteen days before
the election.
Iti manifest that the requirement of the
general law that the registration shall cease
eighty-fiYe day before the election cannot be
observed If you continue the registration
under the requirement of the special law till
fifteen days before the election.
If the Supreme Court should hold that the
reouirement of the special law that the pre-
cinct registrat ton should begin twenty days
before the election and continue till fifteen
uaYS before the election is al AWKWARD Way OF
saying that the last five days of the registra-
ton period should be given over to precinct
registration, and that 1t means that and moth
ing more then the general law, being silent
on precinct registration, the special law can
be observed in that particular by devoting the
last five days of the seventy-tve under the
general law for that purpose.
But If the court should mold that the special
law requiring precinct registration to cease
fifteen days before the election is direction
to time, then 1t cannot be observed. be-
lou
cease eighty-fve days before the election.
Hence 1t viii be seen that this is most serious
question.
81 have no doubt in my own mind about
the legality of the precinct registration /
have ordered" said Registrar Hinton YES
terday, "but still l admit that there may
be legal question, and it Is well 10 have
1t settled. There is danger that the courts
may decide that there Is no precinct regis
tration, and that many voters will be left
in the lurch. The question is, How does
the general law affect the special law? Is
San Francisco governed by the special or
by the general act, or by the special act as
modified by the general one? / regard the
general law as modifying and not repeal
ing the special law.
Mr.. hinton thinks that the law will be
literally construed in the interest of the
voter whose registration it is the purpose
of the law to facilitate as well as to pro-
teCI. ana ne points W VIC lOllOWlnR eX-
tract from Supreme Court decision in a
case from Fresno:
Object of registration law. construction in
favor of voters The object of the registra ton
law is to prevent Illegal voting by providing
in advance OF election, an authentic list OF
qualified electors, and when its terms are
doubtful they should be SO construed as to
give the fullest opportunity TO voters to pro-
cure the entry of their names upon the register
that is consistent with reasonable precautions
against fraudulent registration.
Mr.. Francouer and Mr.. Creswell held a
conference yesterday, but it was not de-
cided Just what technicality would be
seized upon for test case. However, the
question will be brought before the Su-
preme Court within day or two and an
early decision sought.
Registration is increasing at the central
office, but it is yet several hundred behind
the daily average necessary to be made to
register the usual numbe of voters within
the comparatively few days remaining.
The registration yesterday was 974, max
ing the total registration II, 266.
Two years ago the total registration was
about $1,000. In the year in which a
Presidential election is held the registra-
ton is generally 10 per cent heavier, so
that rs, 600 names should be registered in
this Citv this year. There are Int TWENTY