The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1898-09-18
DECISION AS TO
REGISTRATION
Judge PreWett Defines
the Law.
TEST CASE TRIED IN NAPA
A MISTY LEGAL POINT MADE
CLEAR.
Ruling Important to ALI Counties in
Which the Great Register Was
Net Ordered Cancelled
This Year.
Special Dispatch to The Call.

AUBURN, Sept T.-Judge Prewett
has just rendered an important decision
relative to the registration of voters.
1t was test case tried in Napa County.
The law Is rather misty on the point
as to when registration should close
Judge Prewett has ruled that in coun-
ties where complete new registration is
made it must close eighty-f five days be-
fore election, but where only supple
mentary registration is being made
voters may be registered up to fifteen
days before election.
Under this decision registration in
Placer County will not close until Oc-
tober o. This decision does not inter-
fere with the provision requiring that
voters who are already registered but
wish to trasfer from one precinct to
another must do so not later
than thirty days before election.
The Judge, after citing the law, says:
From the foregoing it seems entirely
certain:
l. That registration in counties in
which a new registration is had must
cease on the eighty-fifth day before cleo
ton.
q That there is no specific provision
which says In so many words at what
counties
in which no new registration is had
8. That section 1883 ESQ far as not re-
pealed or superseded by the amendments
to section 109D entities voters to vote who
are registered as much as fifteen days
prior to the election, and section 1895
makes it the duty of the Clerk to regis
ter them.
T. II this discrimination between the
two classes of counties is unconstitutional
Ga point which It is unnecessary to de-
eide in this action, then the eighty-five
days provision drops out and all regis
tration in all counties ceases fifteen DAYS
before the election.
5. If the clause of section 1894 which
prohibits transfers from one precinct to
ply legislative blunder which is incon-
sistent but unimportant.
6. In counties in which new regis
tration has been ordered the Clerk must
range all the affidavits of registration
and enter them in separate precinct
books.
7. In counties in which no new regis
tration is had the Clerk shall make up a
supplemental register for the printer but
the precise period within which he must
do this is not stated, except as it is gov
erned by the general provisions that reg
istration ceases fifteen days before cleo
! ton and that he must have it printed at
! least ten days before election.
S. In counties in which a new registra-
ton has been ordered the. Clerk must, at
! least, twenty-six days before election, de-
| liver the separate precinct books to the
! printer and the printer must print them
at least ten days before the election
| 8. In counties In which no new regis
! tration is had it is simply provided that
the Clerk must have the supplemental
scribed for printing the register" which
is at least ten days before the election.
| 1t is thus seen that there is neither in
| congruity nor lack of harmony in the
statutes bearing upon this subject, ex-
cept for the trifling blunder as to trans
fers from one precinct to another after
registration.
With the policy of the law the court
has nothing to do, so long as the consti-
tutional right of the voter to cast his bal
lot is not unreasonably burdened or in
vaded.
The whole matter Is statutory and SUBJ
ject to the limitation just suggested, and
the Legislature has the power to make