The Caucasian. (Clinton, N.C.) 188?-1913, 1901-03-07

amendment, in relation to manda-
mus, which Is hereinafter referred
TO "A having been adopted by the
legislature at Its June session.
SUPPRESSION OF WRIT OF MAN
DAMUs.
Some time prior to the meeting
Of the legislature In June, a confer
ence of Republicans, consisting of
Hon. II. Il. Linney, Hon. w. 2. By
mum, Hon. A. +. Holton, and N.Y.
self, was held in the city of Green's
bOrO, and 1t was decided, among
other things, that although the new
election law gave the registrars un-
limited discretion "a to what names
should be placed upon the registra-
ton books, we could by mandamus
compel them to place on the books
the names of all parties who, under
our constitution, were qualified elec-
tors, but, unfortunately, the result
of our deliberations became known,
and when the legislature convened
In June, the following sections In
regard to mandamus and Injunction
were enacted:
"Sec. 88. That upon any applica-
tion being made, or any action or
proceeding of any kind commenced
or had, before any Judge of any court
in this State, for mandamus or any
order in the nature of Inandamus,
injunction, restraining order, or Or
der in the nature thereof, to compel,
prevent, prohibit, or restrain the
performance of any act in respect to
his duties against any officer or Off
GERS provided for in this act, the
matters stated In the affidavit, petit
tion, or complaint, upon which such
application is based or action or pro-
ceeding had, shall be taken and
deemed to be denied, and no Judge
shall issue any such order, tcmpora-
ry or otherwise, until the facts have
been submitted to and found by jul
ry at regular term of the superior
court of the county in which such
officer resides. No such order shall
be made or issued upon any case
agreed, or upon facts found by jury
at special term.
Sec. SO. That when a jury has
found the facts, and any judge shall
issue mandamus or order i'm the
nature of a mandamus, injunction,
or restraining order, or other order
in the nature thereof, to compel,
prevent, restrain, or prohibit the
performance of any act in respect tC
his duties against any officer or Off
GERS provided for in this act, such
officer or officers shall have the right
to appeal from such order to the su.
IRENE court, upon giving bond in s
sum not to exceed the sum of $1O0
conditioned to pay to appellee al
such costs and damages as may &C
crue by reason of such appeal. The
said bond shall be received and
approved by the clerk of the super
ior court A deposit of money OF
the amount of the penal sum named
, in such bond shall be received by
the clerk in lieu of such bond. Ant
upon filing such bond or making
such deposit, such order shall be va
Gated until affirmed by the suprem,
, court, and until 80 affirmed the elec
tion officer shall proceed to perform
the duties imposed by this act not
withstanding such order.
"Sec. 80. That all laws and clause
!. of laws in conflict with this &C
: are hereby repealed, and the Law
:, regulating elections as contained il
: this act shall be construed as abov
and not in connection with any ex
isting provision of law for regula
. tion of elections
PURPOSE OF REGISTRATION.
d This Is the first instance, in so ia
l. as am informed, wherein any pol
n tical party has ever attempted
o modify or abridge the writ of mar
n damus. With the exception of tn
If writ of habeas corpus, mandamus
r the most sacred writ that can be i
:, sued by the courts. 1t is intende
4, to afford remedy when it is sougl
ic to deprive the individual of h
property or any of the rights qua
ii anteed by the laws of the land, whi
D. the writ of habeas corpus is inten(
Of ed to protect the citizen in the 81
i'd joyment Of his liberty. These wri
ID constitute the most speedy and effe
I'd tive remedies that are afforded
at the citizen by the courts, and viii
Il I am not prepared to say that IL
ne Legislature does not possess the pow
d. er to modify the writ of mandam,
is In some particulars, at the same tin
ut / am quite sure that there can be 1
of question that the adoption of Il
in provision as part of the registr
at tiOn act under which our electiC
w was held renders the election vol
he from the fact that its provisio
er render it possible to prevent t
vet elector from exercising the right
to suffrage, and while the authority
he limit it's application in general MI
ng not be questioned, at the same tir
to any effort to apply Its provisions
'ps a registration act as contemplated
'p- section SO, is clearly in violation
I'm the State constitution, which fl
lat the qualifications of voters and gu,
in antees the right to vote to all m
TX who qualify themselves in acco1
MT ance Herewith.
are Section s5, article !, Of the G