The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1900-03-13
FINE POINT OF LAW.
THE ATTORNEY GENERAL ENLIGHT-
EMS TUE NEwBERRY REGIS
TRATION BOARD.
Tho Legal Conatruction OF tho Act Kegu.
latinS tho Opening OF tho Books
Of Repatriation - Only
Ono Day Ncccs.


of Registration - Only
One Day Neccs.
sary,
(Cola, Special to News and Courier }
There appears to be worry general
misunderstanding as to the statute
with reference to keeping open the
county registration books. In a great
many counties tho books are being
kept open for three days. This
is not requisite, as will be seen by
the following decision, filed today:
Columbia, March s, 1900.
Thomas e. Epting, Chairman
Board of Supervisors Of Registra-
tion Newberry, S. C.--Dcar Sir:
You desire to be advised how many
days the books Of registration should
bo kept open. The law applicable to
this matter is found in Section 7, Acts
Of 1896, page 81, and roads as fol-
lows:
"After the general election in 1896
tho books Of registration shall be
opened on the first Monday of each
month, at the Court House, for the
registration Of electors entitled to
registration under said Constitution,
and kept open for three successive
days in each month until thirty days
before the general election of 1893,
when they shall be closed until the
general election shall havo taken
place: Proyided, that such persons
as shall become of ago during the
said thirty days shall be entitled to
registration before the closing of the
books, if otherwise qualified. After
each succeeding general election the
registration books shall be open for
the registration Of electors entitled
to registration under tho Constitution
on the first Monday in each month
at the Court House until thirty days
preceding any general election, when
the same shall bo closed until such
general election shall have taken
place: Provided, that such persons
as may come of age between the
closing of the books and the election
shall be entitled to registration be-
fore the closing of the books, if other
wise qualified. The registration
books shall be, in like manner, closed
thirty days before any special cleo
ton"
The question presented is to de-
termine whether the words "after
each succeeding general election" re-
fer to- the election in 1896 or to tho
general election in 1893. If it ap-
plies to the former date the books
should bo kept open for only one
day, whereas if it applies to the lat
ter, the books must be kept open
three days and until the election sue
ceeding the general election in 1893.
After an examination Of the section
referred to / am of the opinion that
the phrase "succeeding general cleo
ton" refers to the election held in
1896. That is the primary date and
1903 is simply an incidental date re-
ferring to 1896 and simply limits the
time for the books to remain open
that year. Had it not been deemed
advisable to close the books in the
year 1903 thirty days before the
election, that date could have been
left out of this section altogether.
Having reserved the purpose to keep
the books open thirty days in that
year, the date 1896 has no further
purpose in this section. It follows,
therefore, that after the election in
1903 (being the succeeding general
eloction) the books should be opened
on the first Monday OF each month
only.
U. X. Gunter, Jr.,
Assistant Attorney General.
THE SOUTH CAROLINA DTSPENSAKY.