The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1900-03-28
NO SPRING REGISTRATION.

Decision of Judge Wheeler in the Breth-
auer Mandamu6.
Judge George w. Wheeler of the SUI
perior court yesterday handed down his
decision in the mandamus euit institute
ed against Town Clerk Brethauer to
compel him to sign the call for the meet
ing of the board of registration. The
court holds that the board cannot legal
ly meet this spring, thus unfolding the
opinion Of Corporation Counsel Robert
son. The cause of the trouble is again
| the charter. The recent registration
goes for naught and the lists made for
the last state election must be used at
the April election. Judge Wheehr's
opinion is in substance as follows:
Our constitution declares that all
persons admitted shall be electors, and
prescribes the qualifications of electors
and provides that the selectmen and
town clerk shall decide on the qualifica-
lions of electors at such times and in
such manner as may be prescribed by
law. In admitting electors they act in
a quasi judicial capacity and their de-
cision is final unless they act wantonly
or maliciously
1.-THE general assembly determines the
time and manner in which they shall
admit electors and its enactment within
constitutional limits is binding.
There are under our law two classes
Of meetings for holding elections, an
electors meeting held every two years
in the even years and town meeting
held every year. At the former only
electors can, under the constitution,
take part. At the latter the general ae-
sembly may permit other than electors
to take part There IS thus manifest
distinction between an elector and
voter 1t has been a part of our sys-
tenn of law for many years that there
should be held, every year. session
of the selectmen and town clerk for the
admission of electors.
I'm 1897 the town and city of New
Haven We're consolidated and thereby
the powers of the selectmen We're limit
ed to the admission of electors, and the
erasure from the registry list of those
electors who forfeited the privilege of
electors. None but electors could vote
at the annual town meeting, and the
day of said annual town meeting was
changed from December to April, begin
ming with the year 1898. No provision
was made in this act for the making of
registry liets nor, for the admission of
electors, and no attempt made, directly
or indirectly, to repeal the general leg
islation upon these subjects. In 1899
AZ. IT. 4. ~.
of 1897 were re-enacted in substantially
the same terms, except that all acts in
consistent We're repealed so far as they
affected the new charter. Neither the
acts of 1897 nor 1899 made any provision
for the registration of electors or for
their admission The only particular
relevant to this subject In the change of
the law was the change in the annual
town meeting from December to April.
The next annual town meeting before
which the selectmen and town clerk of
New Haven are required to admit cleo
tors will be in April, 1901, unless the law
be changed. Since New Haven comes
under the general law. and the session
for the admission of electors 10 held be-
fore the town meeting in the odd years
only, it necessarily results that between
April, 1899, and October 1gvU, electors
cannot be admitted in New Haven, and
that unless the law is changed there
must be a registration made and ses-
sion to admit electors held preceding the
electors meeting in October, 1900, and
the town meeting in April, 1901; an in
terval of eighteen months in one case
and six in the other between sessions for
the admission of electors. This is con-
trary to the policy of the state which |
intends that each qualified citizen shall I
have the opportunity to be made an
elector within the year preceding the I
state election and the annual town |
election But the court can afford no
relief, 1t interprets the statute; it does
not enact or modify it.
1T is urged that If the general as /
sembly can deprive a citizen of the OPP |
portunity to be made an elector for |
eighteen months it can for ten years.
There would be found in such an enact
ment an attempt to nullify the provis- i
ions of the constitution which guaran- /
tees free suffrage. 1t is said that the .
provisions Of the charter for the annual
elections of registrars are useless If this
uCllOu prevails Ills OLly Serves
to emphasize the fact that it may have
been through an oversight that provis-
ION regarding this matter is not found
IN the charter. A similar omission in /
he Hartford consolidation act was cor
'ected by amendment at the next ses-
sion of the general assembly.
ut is quite possible that in the some
what hurried examination of the stat
ties made some provisions relating to
,ur towns and cities have been over
ooked. The situation compels speedy
lecision, and upon the question at issue,
whether or not there can at this time be
/ session to admit electors, there can be
10 room for doubt. The demurrer is
|