Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1898-02-27

first i~nc1~r0rateI embraced but one sub
ject, to-wit: the erection of that munich
pality. The title of that Act An Act to
incorporate Long Island City expressed
clearly that subject"
80 \. Y, sol,
The City Council is authorized under
certain restrictions to borrow a sum of
money not to exceed Sl50,000.O0 for the
of securing a supply of water
for the City and the erection of water
works, and also to establish an electric
Iigll; II ,at or gas works for lighting the
streets and houses. The Charter provides
that these matters shall he submitted to
the e." t".,f tne IitN, and il ii Anajorlty
of the woes cast by the duly qualified
electors residing within the corporate
limits Of she City of Reno, as shown by
the last preceding official registration, are
III the affirmative, the City Council may
borrow the money or issue the proposed
bonds, etc. Accordingly certain ques-
tions framed to meet thei issues were sub
mitted to he Pc )ple for their action. 1t
is cOntended that the submission of these
questions was unconstitutional. Sc. of
Art. II Of the Constitution provides that
Every male citizen of the United States
mot laboring under the disabilities
named in this COn%stitutiOn), of the age of
twontv-onp wears and upwards, who shall
hn." actually and no constructively, re-
side in the State six months, and in the
di~'Y.y county thirty days next pre-
cediA- ny election, shall be entitled to
vote for all officers that now are or here
after may be elected by the people and
upon all questions submitted to the elect
Ors at such election
1t is said that by adopting the last of
fetal registration as the test for the quail
i~ticatiOn of electors, those who had be-
come electors between the general cleo
ton of 1896 and the municipal election of
October 7th, 1897 were DISTINGUISHED be
cause their names could not be on the
registry list,
A question of the same nature arose in
We'll vs., Calhoun, 25 Fed. S65. 1t was
charged among other things that the reg
istration Act made no provision FOR the
registry Of persons who, though not en-
titled to vote when the books were closed.
yet became SO during the ten days inter
vening after the closing of the books and
the registration. After considering the
objections made to the registry law, the
Court said: 1T seems to me that such OBJ
jectiOns to the registration ought, fOl
reasons of public policy, to conform tC
the rules applicable to objections to cleo.
ton not held in strict conformity to law
to-wit: it should be made affirmatively tc
appear that the result would have beer
different had the illegality not existed
Perhaps the voter might nave private re
dress for the wrong done him in refusire
:. his vote, but that is a very different thing
from making an election void on a mer'
, abstraction not affecting the result
In the American & English EncyclO
pedia of Law, Vol 6, p. 2S9, it is sad, IF
registry is had under an unconstitutional
> law and an election held upon the basi
of such registry, there can be little, if any
doubt that the election will be held vail,
unless it is shown that a sufficient mum
Der of legal voters to nave changed tn
result were prevented by such law from
E casting their ballot"
Again it is claimed that none of tn
questions submitted to the voters wer
carried by the vote of the majority of tn
i 1903 electors Of the City of Reno as show
by the official registration of 1896. Th
portion of the Statute affecting the sui
= ject is as follows:
"Sec. "a. = i If q majority of the vote
= cast of the duly qualified electors resiC
ing within the corporate limits of the Cit
of Reno as shown by the last precedin
official registration are in the aft
the City Council may borrow the none
or issue the proposed bonds in such d
nominations or sums that they may deel
- proper and sell the same = 4 = ="
~ Under REALTORS Interpretation the Sta
~ ute would read thus: "If a majority
i the votes of duly qualified electors e i a
-. in the affirmative the City Counc
may borrow the money = = T." 1t will
% observed that thisi Interpretation ignor
-. the word least" in the Statute. The O
ject of the Interpretation of Statnt
~, is to ascertain and enforce the intentlc
49, OF the Legislature.
"No sentence, clause, or word should
construed as unmeaning and surplusa,
:. if a construction can be found legitimat
ly which will give force and preser
all the words of the Statute" at is
canon of construction that if it be pos.
- bic effect must be given to every word
=. an act of Parliament f =" Black on I
H. of Laws, 50.
hn 1t is a matter of common experier
that special elections submitting issues
be voted for by the electors Of a town