The herald., 1898-10-16
The REGISTRATION Law
IN FAVOR OF BUT
FIFTEEN DAYS LIMIT
CONFUSION OF THE STATUTES
Constitutionality Of Legal Enactment
Attacked-Eraudule Registra-
ton to Be Guarded Against

r. O'Neal for q writ Of mandate to compel
the inscribing Of his name upon the sup
Elemental register, Attorney M. c. Hester
filed his opening brief with Judge Allen
Yesterday, Under the usual construction
of the election law, County Clerk Newhn
discontinued the registration OF voters
some time ago, and 1t was decided to make
a test case, as the law appears IN some
respects to be in conflict with itself. In
one clause it says that registration snail
cease fifteen days prior to the date OF the
election and In another directs that regis
tration shall be discontinued eighty-nve
days before that time. In his brief Attor-
ney Hester says that registration laws
although necessarily restrictive OF the
elective franchise granted by the consti-
tuition. have not been held to conflict with
the constitution on the ground that they
only provide q reasonable means OK ascer-
tanning and establishing the right OF the
respective voters to exercise the elective
franchise. But 1t Is uniformly held that
such laws cannot be made TO impair or en-
barrass unnecessarily the right OF voting.
1.-THE supreme court has declared: The
object of the registration law Is to prevent
illegal voting by providing. In advance OF
election, an authentic list OF the qualified
electors. The law should De so
framed. therefore, and when Its terms are
doubtful, should be so construed as to
give the fullest opportunity to voters to
procure the entry OF their names upon the
register that is consistent with reasonable
precautions against fraudulent registra-
tion.'
1.-THE requirement that registration shall
cease eighty-five days before the election
Is in conflict with the principles upon
which registration laws must be based.
While registration laws are allowed Tor
the purpose of ascertaining and determin-
ing the right of voting. they cannot be so
framed as unnecessarily to impair or en-
barass the exercise of that right. There
can be no necessity for closing the regis
try eighty.hve days before election. Such
a restriction upon the right to exercise the
elective franchise must necessarily work
a great hardship upon the elector, and In
many instances amount to an absolute
Northumberland.
but insist that the right Of the petit
tioner to have his name entered on the
register Of 1893 Is not sub
ject to or to be determined by the provi-
sions Of section 1904. That section provides
for a new and complete registration OF
electors when such registration has been
ordered by the board Of supervisors. But
that section makes no provision for any
register. or for any register
other than the great register
except when a new and complete registra-
t!on' Is ordered. No such order has been
made In this county for the present year.
Nowhere is the supplemental register
treated as Identical with or as part Of the
new registration provided for in section
1894, but 1t is everywhere referred to as
entirely distinct. In neither Of these Sec
tions, nor in any other section of the code,
Is any time limit fixed for either the begin
ming or closing Of the registration upon the
supplemental register.
"NN such time being fixed by the code,
we must look to section 1888 for light upon
tho question of the petitioners right to
have his name entered upon the supple
mental register. AS already appears, that
section allows the qualified elector to vote
If his name be entered on the great register
fifteen days before the election. II the en-
rollment of his name fifteen days before
the election be one of the conditions Of the
establishment of his right to vote, then
It must follow that he has the right to have
his name so enrolled fifteen days before
election.
There may be some reason for allowing
more than fifteen days before election for
the closing of registration upon the gen.
eral register, because of the greater time
necessarily required for its preparation
and printing; but there can be no such
reason for longer time than fifteen days
for the completion Of the supplemental
register.
II submit. therefore. that any qualified
elector Of this county, whose name has
not been entered on the new general regis
ter. Is entitled to have his name enrolled
upon the supplemental register at least
up to the fifteenth day before the election,
which will be for this year the Path day
of Ocfohern