The herald., 1898-10-21
ll|N IN the right
xsAW REourREs MORE SUPPLE
n MENTAL REGISTERS
An OPINION BY JUDGE CLARK
Decision on Demurrer Goes to the Root
Of the Matter-Points Consld-
cred by the Court

Judge w, II. Clark yesterday, in written
opinion. sustained the contention OF Charies
W. Palm, that not less than olSo suppleineh-
tai registers OF voters must be oraereu w
the county authorities and printed III puiSu-
ance of the requirements OF the law. Ane
vrotter came mn ON demurrer OF defendants
to piaintitfs Petition tor a writ OF mandate
I'd he directed against defendants, L. f. New
lin. as county clerk, and the members Oh the
hoard of superN isors, and, necessarily tne
order of the court was merely that the de-
murrer be overruled. The man issues OF the
case were considered, however, and an order
was entered as above, requiring defendants
to answer to the petition forthwith, ana
upon failure so to do that peremptory VIII
issue. -,
The opinion outlines the grounds of the
petition, which in substance alleges that de-
PENDANTS have failed and refused and do now
refuse to cause to be printed the number OF
supplemental registers required to be printed
by section Ills OF the political code. Ihe
question presented at the hearing upon ar
gument OF demurrer was one OF statutory
construction. 1t is what constitutes sup
Elemental register" within the meaning OF
said section. -,
That portion of the section germane to the
question considered provides that the county
clerk must have printed sufficient number
of registers and supplemental registers to
supply each election precinct in the county
with not less than ten copies thereof and
fifty additional for every thousand votes cast
in the county at the next preceding general
election; but the board of supervisors may
order printed larger edition II In their
Judgment larger edition is required for
subsequent elections or for any other reason.
The opinion continues to recite: I'm this
county there are l64 election precincts and
at the last general election 33,6S4 votes were
cast 1t follows that the minimum number
of supplemental registers that the edition to
be printed must contain, to comply with
said section is 1890. 1t is conceded that it is
the purpose of defendants to print 500 copies
only of the supplemental register complete,
and for each election precinct to PRINT 25O
copies of what might be termed supplement
tai precinct registers.
1T is urged by defendants that this is
sufficient compliance with the statute, the
argument being that section lll5 political
code, is ambiguous and the supplemental
register there spoken of and required to be
printed is a supplemental precinct register.
Their argument in support of this contention
would seem to be based upon the provisions
of section lib, political code, and that por-
tion of said section Ills, political code. which
regulates the duties of the clerk where new
registration is ordered.
''Said section lib provides in substance
that when a new registration is ordered al
the close of the registration, the clerk shall
arrange the registration affidavts alphabet
ically and enter the same in separate pre-
cinct books; and that portion of said section
Ills referred to provides that the clerk shall
furnish TO the printer, with whom con-
tract for the printing of the register shall
have been made, these precinct books, and
that the register shall be printed in the form
prescribed by the board of supervisors, either
in separate books or in books containing all
the precincts.
"There is nothing in these provisions that
tends to create an ambiguity or that can be
construed to vest in the board of supervisors
a discretion as to the substance of what shall
be printed The register to be printed is
the sum of these precinct books. 1t may
be printed in such form, either in one vol
ume or many, as the board of supervisors
may direct. They are vested with discre-
tion as to form only and not as to substance.
"Again, it is claimed that the edition it is
proposed to have printed is sufficient for all
purposes, and to print the number of COM
plete supplemental registers required by the
statute will entail great and needless ex-
pense upon the county. This claim may be
conceded. Doubtless in taking the course
they did respondents We're actuated by mo-
tives of economy and were the question a
doubtful one, or the statute ambiguous, the
maxim 'argumentum alb inconvenienti,' ETC.,
would apply.
But there is no ambiguity. The chapter
Of the code that regulates the registration
of voters does not divide or classify
the register provided for into great registers
and supplemental great registers, precinct
registers and supplemental precinct registers,
but into great registers supplemental reg
isters, and precinct registers
What constitutes supplemental register is
defined by said section liza, political code.
And when said section Ills declares that
in counties where a registration shall not
have been had in any even numbered year
there shall be printed supplement
tai registers containing all additions, changes
and cancellations alphabetically arranged
under their appropriate precinct headings.
the county clerk i
must have pSinted a sufficient number of
copies of supplemental registers to supply
each election precinct in the county with not
less than ten copies thereof and fifty addi.
tional for every 1000 voters etc. It would
seem plain that the Supplemental register
there referred to, and copies of which must
be printed, is the supplemental register com
plete, of said section III, political code.
"This being so and there being no ambig-
uity, the rule that in the absence of ambig-
uity no exposition shall be made which is
to the express words of the instru-
ment must obtain. As said above,
the question as here considered it not proper
ly raised by the demurrer but as time is of
I have considered it as though
the facts conceded in the argument were
formally stipulated. Still. the only ruling
that can now be made is that the demurrer be
overruled. It is ordered that the demurrer
be overruled; that defendants answer forth
with, and upon failure so to do a peremptorv
writ Issue ,, y