Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1901-12-30
Judge Wolfe Hands Down an
Opinion in Case Of Heyer
VS.. Clinton County.
Is OF Interest All Over the State
Where Registration is
Necessary.
Registering Board Can Draw Pay
For Only Nine Days Of
Work.
pecial to Tunes Republican.

Special to IlmeS-kepuDilcan.
Clinton, Dec. 30.-Judge p. p. Wolfe.
of the district court, has just handed
down an opinion which will be of great
interest to the residents of Iowa, for the
reason that the decision is the first ever
given by an Iowa court on the question
at issue. and also because 1t affects
large number of persons.
The case Is that of A. j. Heyer VS..
Clinton county. The plaintiff was
member of the board of registration at
the recent election. He. with the other
members of the board Of registration OF
the county, presented a bill to the boaro
Of supervisors for thirteen days sery-
ices, at $3.50 per day The board re
duced the time to seven days. AS TINS
same question has come up az every
election the members of the board OF
registration at the last election oeelueu
to take the matter to the district court
and make a test case
The decision of Judge Wolfe toiioWs.
"The question for consideration in this
case Is, what Is the compensation al
lowed to the board of registrars for their
services in the registration required by
law in the election in the fall OF 1871 !.
| The determination Of that quextion re-
ouires a consideration of sections 1916
and 1888 of the code Of 1897. inclusive,
Section 1916 provides for the appoint
ment Of the board of registrars ana tneir
compensation, which Is fixed at Sa.oV ior
each calendar day. Section 1oa pre-
Scribes how the work of registration ~
done and provides that the board snaii
meet ON the Thursday before the gener-
al election and remain in session LOT
two days, from o'clock a. m, to
O'Clock p. m. Of each day, or for thirteen
consecutive hours. Section 1918 gives
| them three days in which to make two
alphabetical lists, one OF which is 70 De
posted Section 1880 requires them TO
meet on the Saturday before election
and to then register any one who was
not registered on the first two days.
Under section 1851, any one sick and I'M
able to attend on the registration day
may be registered on a day when the
board is not in regular session. but IN
my Judgment, application to register the
sick voter must be made to the board
when they are in session, and at time
when the sick person, had he been able,
could have registered. Section 10s2 r
auires the board to be in session on cleo
ton day and section 1883 requires the
board, after the registration is complet-
ed, to certify names to other precincts
in the city, and as this could only be
done afer complete registration, in my
Judgment 1t requires them to be in ses-
sion on the Monday after election.
The law requires the making by the
board of four lists and 1t seems to me
that the law contemplates that this
work shall be done on the first two days
of registration, the three days given to
prepare the alpha betical lists, the Sat
urday and Monday before election and
on election days. In other words, unless
called upon to register sick voters, the
law contemplates that the registrars
shall do their work in eight days, and
that is all, regardless Of the time they
may spend for which they can draw
pay. And it also seems to me ample
time in which to do the required work,
the hours they are required to work are
long, thirteen day, and say they Will
copy on the register twenty names an
hour in the three days they are given In
which to do the work. each one would
copy $50 names, or more than 100 in ex-
cess of the names in the precinct in
question, saying nothing Of the fact that
the work required OF them on Monday
gives them also that day practically in
which to do copying.
In this case the evidence shows that
the board Of registrars were required to
register two voters who were sick and
for that service he is entitled to an adj
ditional day, or in all nine days, or
$3.50, for which sum Judgment Is or
dered against the county"