El Paso daily herald. (El Paso, Tex.) 1881-1901, 1900-09-18
INJUNCTION
PROCEEDINGS
In The Registration Case
Take a New Turn
F. B. SIMMONS RESIGNS
And Now It Will be Necessary For
The Commissioners Court to Ap-
point a New Registrar Before
This Coming Friday.
F. 8. SIMMONS RESIGNS

Yesterday the second step was taken
10 the proceedings against the county
Judge, the county commissioners, and
the registrar, Instituted by Maurice
McKelligon for the purpose Of securing
Q mandatory Injunction to hold a re-
Ristration of voters this fall. The
court lass week dismissed the proceed
ings as far as they concerned any but
the registrar, and took his case under
advisement.
Yesterday Ed wards and Edwsrde, as
attorneys for the registrar, F. B.
Simmons, filed . special plea, which
sets forth the following facts: That F.
B. Simmons on the-dsy Of April, 1900,
was appointed policeman of the city Of
Ell Psso. That he had accepted said
position. and was thereupon assigned
for duty as policeman OF the board OF
health. 1t is further alleged that the
acc ptanoe Of said appointment acted
ipso facto as . resignation of his former
office OF registrar, and the said Office
was now vacant. However, In order
to, make doubly sure of the position
taken, Mr.. Simmons announces he has
formally resigned his place IS regis
srar, and therefore, is In no way res
DOE sible for the registration Of voters
In this county and asks that the pro-
ceedinRs az Ainst him be dismissed.
Judge walthall is out OF the city,
and nothing has been done with she
registrars plea. But yesterday sttor-
ney w. D Howe, for the plaintiff. sd-
dressed the following letter to each of
the county commissioners and to the
county judge:
Ell Paso, Texas, Sept. II, 1900.
Mr.-County Commissioner, Precinct |
NOEL Paso county, Texas.
Dear Sir: 1t having come to my notice |
By means of his own statement filed in |
court, that MIR. +. 3. Simmons, former |
registrar Of voters OF the city OF FL
Paso, Texas, has vacated ssid office by
his acceptance of the Office of special
policeman, with pay, OF said city OF FL
Paso, rs we'll as by resignation; and 1t
being well known that more than
i've hundred citizens of the City of Ell
Psso, Texas. have petitioned for reg
lstration of voters to be held for the
ensuing general election, ] hereby
request you 70 assist In hav-
ing called q special meeting of the COM
court of Ell Paso county,
re1 as, and for that purpose to Join with
Two other commissioners In call for
,uch q session, ~ which to appoint g.
registrar to fill ssid vacancy.
/ beg leave 20 call your attention
20 Article 1910 Of the revised statutes
II the state, which provides that shere
hall be appointed by the commission
,rs' court Of each county in which
alton of ten thousand Inhabitants, one
registrar OF all voters of each such
,ity in said county. who shall be q
qualified elector of said city and hold
ais office for two years, and until bis
uccessor shall have been appointed
md qualified.
It IL nos my desire to Interfere In
court But in the case of
We. Harper ct al, recently
before the district court, in which the
question OF registration was involved,
he court stated IL was clearly the duty
II commissioners court to appoint q
'egistrar, and that upon failure TO DO so
hey could be compelled by legal pro-
seedlings. There are numerous decis-
ons from various states In the union
hat where q registration OF voters Is
'equired, as Is the case in this state,
n cities having over 10, 900 inhabitants,
lpon petition Of 500 citizens, any cleo
Ion held without registration Is
LEG that she failure OF commissioners
d perform their duties as TO appoint
nent, etc., is no excuse for she failure
II registration, but that all votes
II the precincts in which such
egistrstion should have been
,ut was not held, shall upon
contest BE thrown out and mot counted.
Being desirous OF avoiding any future
and Wishing only to see the
present law enforced, make the above
for your efforts for . special
Meeting atwhich a registrar will be
appointed, who will qualify and act,
mould the petition mentioned have
been signed by 500 citizens.
The law provides that the registra-
ion Office shall open the first Tuesday
II the month preceding the election,
md that Eve days notice shsll be given
before that opening. There being but
short time to acs therefore beg that
uch q meeting be called for not later
han Friday, Sept. 81, In order that the
egistrar may qualify and familiarize
himself with his duties, as his fret
lotice must be published not later than
he 18th OF this month.
Very respectfully.
w. d. HOWE.
II 10 understood that any further le-