The herald., 1898-10-21
TIME LIMIT DISCUSSED
DAYS PRIOR TO
DAY OF ELECTION
NO REGISTRATION AFTER THAT
Court Does Not Recognize Fifteen
Days Limit as Legally Existing
Under Law

Judge M. T. Allen yesterday delivered an
opinlon in the test case brought by Edward
L. U Neal against the county clerk 70 compel
his registration as O voter in this county,
though long past the time, OF closing the
books, under the customary Interpretation
OF the law. BY petition for writ OF man
date, O'Neal sought to be enrolled, and the
alternative writ heretofore issued by the
court is by the opinion of Judge Allen yes
terday made peremptory.
1he clerk answered the petition, alleging
that under the laws of this state the time
within which such entry could be made ex-
pired eighty-five days before the date OF the
next general election, which occurs No
vember 9Th, and for the reason that the ap-
plication OF petitioner was not made eighty
five days before that date, and for that alone
he justified his refusal.
The court holds that to determine the
questions involved in this case it is only nee
essary to notice three sections Of the political
code. Section 1888, as amended March 8,
1893, defines the qualifications Of voters and
provides that those possessing such qualiti-
cations, and whose names shall be enrolled
OH the great register of such county fifteen
days prior to an election, shall be entitled
to vote in their respective precincts. After
wards, March y, 1896, the legislature amend
ed section 1904 OF the same code, by which
1t provides that in preparing the great reg
lister of Il county such registration shall COM
mence 100 days before general election, and
shall continue for seventy-five days thence
next ensuing, when such registration shall
cease; that any elector who has registered
and thereafter removed his residence to an
other precinct in the same county thirty days
before an election may have his registration
transferred to such other precinct, but no
transfer from one precinct to another shall
be made between general election and a
date twenty-seven days before such election
Section lila of the same code, amended at
the date last mentioned, provides that in
counties in which new registration shall
not have been ordered in any even numbered
year, the county clrk shall keep book, to
be known as the supplemental register,
in which shall be entered, under the appro-
pirate precinct headings, all changes made
since the last printed register, including un-
der the heading Additions" all new regis
trations and all transfers from precinct to
another precinct, and under Cancellations
all names stricken from the register by rca-
son of death, removal, etc.
1T will be observed" says Judge Allen,
that in the last section no time is fixed
within which these entries upon the supple
mental register are to be made. Petition
ers contention is that, this section being 81
lent as to time, under section 1888 he is en-
titled to entry up to within fifteen days be-
fore the election. In this do not concur.
If the legislature possessed the power under
the constitution to fix the dates for the
cessation of registration as remotely from the
day of the election as they have done by
section 1904, it's effect, in my opinion, could
only be to repeal that portion of section
1883 which allows registration to continue
for longer period. And l am of opinion,
further, thal section 1904 is a constitutional
and valid enactment
''The constitution gives to all persons pos
sessing certain defined qualifications, and
who have resided in county ninety days,
in precinct thirty days, the right to vote.
Notwithstanding this, It has been held, and
must be accepted as the law, that the legis-
lature possesses the power, in the exercise
Of reasonable discretion, to require evil
dence of this right and of this domicile, by
means of registration laws. The right to pass
these registration laws, however, does not
confer upon the legislature any authority
to- impair the constitutional right of suffrage
This section 1904 requires that person shall