The Caucasian. (Clinton, N.C.) 188?-1913, 1900-06-28
ussrsrrrsoxAl SECTION %
ruH EaRSsox Law.

raK EloUSIoS Law.
The Lsgisissars, st in sdiosrs~a
ssssios last week. sdded tvo ns~
sections 10 the election sAv. ausesr-
ed IS aad 50. rhsy Are - follows
SECTION 81. That upon any applsoa- |
tion being made OF any action or pro-
o~~tinx Il any kind oommenc~d or bad
before any iuxx. % any ccart In this
STATE for q mandAmo. or order In sh~
nature OF q mandamas. injunction. ~
4 ssraiutuR order or order In tb- nafarr
| thereof, To compel. prevent. prohieit GO
restrain the Performance - any act Ia
respect Ia hts duti~s. against any offsc-r
or offcers provided fos In this art. the
matter. .,at~d in tho afxdaNit. p~tision
or CON plant upon which such applioa-
ton II based or action or prcn~~ding
had, shall he taken and deemed On b.
denied and no such judge shall ISSUE
any such order, temporary or ciherwt.-.
until the fact- have been submitted To
and found by jury NJ regular term
of the Superior court oi the county IA
: hich such ofic-r r-sid---
J No such order shall ~ made or l-sS-d
upon any cA>e agreed. or upon fact
found by jury n . special term.
Section - That vh-n jury has
found the facts and any judgr shall i.-
sue a mandamus or order in th- natur-
Of q mandsmu.. Injunction ar restrain
ing order. or other order In the nature
thereof. "a comp-l, prevent, restrain 80
prohibit the performance 81 any act IN
respect 10 his dutie> against any offsc-r
(. or officers provided for in this act such
officer or officers shall have the right 10
appeal from such order Ia ti.- supreme
court. upon giving bond IN = sum not
To exceed the sum ~ 800. conditioned
To pay tn appellee all such costs and
damage. a. may accrue by reason oi
= such appeal. The said bond shAll L.
y received and approved by the clerk oi
the Superior court. A deposit of money
of the amount of the penal .uIn nAm~t
10 in such bond. shall be received 10y ih'
~. clerk in lieu Of such bond And upot
filing such bond or making such d-Pos
u il such order shall be- vacated until al
II firmed by the supreme court: and nnu
50 affirmed the election officer shall pr"
coed To perform the duties imposed b,
d this act, Notwithstanding such order.
ID These sections are clearly uncon
10 stitutional, AM will so be deslAr''
. by the Supreme Court. 10 these sec
d tons the Legislature Attempted no
Is only to rob the people OF the State q
"a the protection of the courts, but the
IN attepp pied TO rob the courts OF fur
n dameutal right and power. IL ih
10 Legislature can thus rob the court
c. by statute of one Of iheir most ia
p portaut functions aud powers. III.
Mt the Legislature eau a. easily by sta
It: ate abolish every court In the Sat
to No one will contend that the Leg
he lature can do this.
lis What is the purpose OF mAnd
NJ must II is to secure some right
Dr. to prevent some iIreparable wroD
vi, which right w"uld be forever lost
ne which wrong could never be undo'
tic il the courts were TO wait for q
,g- slow machinery OF their rsgal
ar. terms. Hence the courts have oe'
re given power TO issue such orders
'st mandsmus to prevent an irreparat
ise wrong and other such emergeuci'
yer When an elector who Is N every "
We aualified to vote presents himself
not registration, and tue registrar in
ra lance Of Law refuses to register 81
ing that elector would lose has vote .
Ind be disfranchised At that election,
his less he could apply to the courts
mp q writ of mandAmus. This is Gle
les becs use if the elector must wait
bile the next regular term Of court 10
hat county, and then die his complAi
he'd and then wait until the next regu
sea- term, which is called the trial tel
the election would have been o.
many m onths before the case NO
ever come IA trial. Ii is TO prev
Just such wrongs As this that
in mandamus is intended, and mas
aid WAYS been used. Nov 1t is also cl
ratic that Simmons and his ballot
lgnt stufiug machine intend TO have u
Nv registrars to commit jast such u
nm NOUS outrages in the coming .
read ton, and they intend to rob the
ould tor when denied his right TO regi
opie and vote, of all remedy at Law. I
tven a., oorx,
fact oeny n'n an ~pp'~' "
CON iustice until sf,tr the election
ears, over. This 10 one of the most OF
way 1sons and Infamous attempts Q
were ealIzed robbery that has ever
attempted by any legislative bod
sons, ~. h;.,o,x - ,ha vo,,d A d,
s reckoning is coming for such
and such measures.
dis L