The Caucasian. (Clinton, N.C.) 188?-1913, 1900-07-05
An UNCONSTITUTIONAL sEcTION or
THE ELECTION LAW.
The Legislature, at it, adjourned
session last week, added two new
sections TO the election Law, number
ed 50 aad 80. They are as follows /:

sections to the election Law, number
cd 50 and 80. They are as follows /:
Section 80. That upon any applica-
ton being made or any action or pro-
ceeding OF any kind commenced or had
before any judge OF any court in this
State for q mandamus or order in the
nature Of a mandamus, Injunction, re-
straining order or order in the nature
thereof, to compel, prevent, prohibit or
restrain the performance Of any act i'm
respect to his duties. against any officer
or officers provided for in this act, the
matters stated in the affidavit, petition
or complaint upon which such applica-
tiOn Is based or action or proceeding
had, shall be taken and deemed To he
denied, and no such Judge shall issue
any such order, temporary or otherwise
until the facts have been submitted ia
and found by a jury At a regular term
Of the Superior court of the county i'm
which such officer resides.
No such order shall be IN ade or issued
upon any case agreed, or upon facts
found by jury ut . special term.
Section 80. That when q Jury has
found the facts and any judge shall is
"
of mandamus, injunction or restrain
ing order, or other order in the nature
thereof, to compel, prevent. restrain or
prohibit the performance of any act in
respect to his duties against any officer
or officers provided for in this act such
officer or officers shall have the right "a
appeal from such order TO the Supreme
court. upon giving bond in q sum not
to exceed the sum Of 800, conditioned
to pay to appellee all such costs and
damages as may accrue by reason of
such appeal The said bond shall be
received and approved by the clerk of
the Superior court. A deposit of money
Of the amount of the penal sum named
in such bond, snail be received by the
clerk in lien of such bond And upon
fling such bond or making such depos-
it such order shall be vacated until AZ
f1rRed by the supreme court: and until
50 affirmed the election officer shall pro-
coed to perform the duties imposed by
this act, Notwithstanding such order.
These sections are clearly uncon
stitutional, and will so be declared
by the Supreme Court. In these SEC
tons the Legislature attempted not
only to rob the people of the State of
the protection Of the courts, but they
attempted to rob the courts Of q fun
damental right and power. If the
Legislature can thus rob the courts
by statute of one of their most i'm
portant functions and powers, then
the Legislature can Is easily by stat
ute abolish every court in the State.
No one will contend that the Legis-
lature can do this.
What 10 the purpose of . manda-
musf 1t 10 to secure some right or
to prevent some irreparable wrong,
which right would be forever lost OF
which wrong could never be undone
X the courts were to wait for the
slow machinery of their regular
terms. Hence the courts have been
given power to issue such orders N
mandamus to prevent an irreparabls
wrong and other such emergencies.
When an eiect.r who is in every way
qualified TO vote presents himself for
registration, and the registrar in de.
lance of Law refuses to register him,
that elector would lose his vote and
be d,sfranchised n that election, nm
less he could apply to the courts for
. writ OF mandamus. This is clear,
because IT the elector must wait for
the next regular term OF court in b.,
county. and then Gle bis com plant,
and then wait until the next regular
term, which il called the trial term,
the election would have beeu over
many months before The case would
ever come n trial. Ii " to preysu,
inst such wrongs ~ this thu, the
mapdawus - intended, and has nj.
wsys beeu used. Nov Il 10 also cIssr
that Summons and huk bsIIot-box
SHINING machine intend 10 have their
registrars to commit just such ipfa.
NOUS outrsges in the coming cleo
ton, and they intend to rob the cleo.
tor when denied his right TO rsgiste,
and vote, Of oil remedy n Law. They
deny him an appeal 10 the courts OF
justice until after the election i,
over. Tuis rs one Of the most ontr.,
geous and infamous attempts ut L..
galissd robbery that has ever b,su
attempted BY any legislative body in
the history OF the world A. day Of
reckoning is coming for such men
and such measures.
Now Is the time to send TaE
CAUcAsIAN to your friends. Re.
member we are sending IL below
cost.
DO you read what Da0pys sav 49,.