Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1898-06-29
DECISIoN-BY B~ONNIFIELD, J. M MAS
SEY, J.

The relator applied to the respondent, a
Justice Of the Peace and ex-officio Reg
istry Agent Of Carson Township. Ormsby
County, to be registered as a voter. The
respondent refused to register his name
on the ground that the relator did not ex-
hlblt a poll tax receipt for the years 1897
and 1898 as required by an act of the Leg
islature entitled: An Act to require the
payment of poll tax by all legal voters
under sixty years of age" approved FeU-
ruary 9. 1897.
1t appears that the relatOr possesses all
the qualifications of an elector as pre-
scribed by Sec. |, Art. ii of the Constitu-
ton of this State. The payment Of poll
tax Is not among such qualifications.
The %relator, to test the validity of said
mandamus to compel The respondent to
register his name under the provisions of
the general registration law.
Section i of Art. IL of the Constitution
requires that: "Provisi0n shall be made
by law for the registration of the names
OF the electors within the counties of
which they may be residents, and for the
ascertainment, by proper proofs. of the
persons who shall be entitled to the right
of suffrage as hereby established to pre-
serve the purity of elections. and to regu-
late the manner OF holding M making
returns of the same; and the Legislature
shall have power to prescribe 10y law aI.y
DINER or further rules or OathS as may be
deemed necessary as a test of electoral
qualification"
In conformity to the above require
ments of said Sec. 6, the Legislature in
1869 passed the existing general registra-
ton act. Considering the provisions OF
this act alone the relator is entitled to be
registered hereunder; but the act in
question of 1897 modifies the provisions
OF the general registration act, to-wil:
sec. |. The nan of no person under
the age of sixty years shall be registered
by any registry agent until such person
shall exhibit a proper receipt for the poll
tax required by law for the then current
year and also for the preceding year when
such person shall have been an inhabit-
ant OF the State of Nevada during the last
SIX months of the preceding year: = = -,
ald Sec. u of Art. II of the Constitu-
tion authorizes and requires the Legisla-
ture to provide by law for the registra-
tlon OF all persons who possess the pre-
scribed qualifications Of electors, but it
does not authorize the LEGISLATURE to i'm
pose any conditions on the right Of regis
tratlon other than the prescribed qualif-
cations of electors, and when the Legisla-
ture does so it exceeds its authority.
In Clayton VS.. Harris, : New. 81, it is
held that: Under Art. II. Sec. &. of the
the Legislature can pre-
scribe what oath or oaths may be neces-
s'ry as a test of electoral qualification
out 1t c"""ot 'mpede or hon"tet the right
o S"Dfdgc 6Y ddtjng meW Qualifications"
Registration is not an electoral u@ualiti-
but is only a means for ascertain
and determining in a uniform
mode the persons who possess the pre-
NcrIbed electoral qualifications, an to Sc
cure i'll an orderly and convenient man
ner the right OF voting.
Boyle VS.. Board of Examiners. q
New. 81.
Bnt tits argued that Sec. Z Of Art. II of
the constitution authorizes the l. STA
t"re to make the payment OF am annual
poll tax Il condition to the right Of voting
ana ll"t the act ia question has done so.
1t i true that the constitution ~confcrs
such power. The Legislature NAV by the
OF a proper bill add to the
electoral qualifications prescribed by
S'ld Sec l., Art. II, the payment of an an
h"al poll tax, and when it does the pay
Inent OF such tax may be made one of the
conditions OF registration and not before
If the object Of tie Act of 1897 WAS .to
make ttie payment of an annual poll tax
l condition TO the right of voting" hen
It's title, AN Act to require the pavmeut
If poll tax by all legal voters under sixty
years of age is decepti>e and misleadiuo
does not express the Object or subject
If the act II does not conform to the
requirements of Sec. II, Art, " of the
Constitution. Said section requires that
he subject OF object of every law enact
ID by the Legislature shall be briefly ex-
pressed in the title. That a compliance
with this provision of the Constitution is
essential to the validity of every law en-
acted by the Legislature has been so often
iecided by this Court, that it is not worth