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

day before each election. That on
each Saturday during the period OF
registration, the registrar shall al
tend with his registration books st
the polling place Of his precinct or
ward tor the registration of voters.h
1t win he observed that the fore
going provision for registration is
limited to twenty days, and If the
citizen should be denied registration
las thousands We're ia North Caro-
lima at the last election and should
make application 10 the resident or
presiding judge for mandamus he
would be confronted with section
80, which provides that no writ
shall issue until the matter has been
passed upon by jury at the next
regular term of the superior court,
which, in nine cases out Of ten,
would convene after the twenty
day had expired and after the eiec-
tion had been held, to say nothing
about the other vexations and un-
necessary requirements that are to
be found in section SO, placed there
with the sole view Of hindering and
delaying the citizen in the exercise
of a right which is guaranteed 10
him by the constitution of the State.
1t is further provided by section
80 that the court shall not issue a
mandamus at special term, there
by precluding the possibility Of the
citizen having his right dete, mined
in the event that the governor
should decide to call special term
for that purpose. This affords us
another evidence of the fact that it
was the intention Of the legislature
to place such restrictions i'll the
statute as to render the citizen pow
; erless to obtain relief from any quar-
ter.
1t is also provided in the same
section that
| "The matters stated in the affi-
davit, petition, or complaint, upon
which such application is based or
action or proceeding had, shall be
taken and deemed to be denied''-
thus permitting the election official
to commit all manner of outrageous
offenses, without being required to
answer under oath any allegations
made with respect to his official con-
duct.
In divorce proceedings, in many
States, it is provided that the allie
cations in the complaint, of either
party are to be taken and deemed
to be denied, but this provision is
intended to prevent the commission
Of a fraud upon the rights of either
party and are placed there owing to
the confidential relations that exist
between husband and wife. In the
present instance, the provision to
which I have alluded, was placed in
the law in order to enable the un-
scrupulous election official to com
NIT fraud and as an assurance tC
him that the law would guarantee a
concealment.
However, there are other provis-
ions in the act which, in my judg-
ment, are sufficient in themselves tC
render the act in question unconsti
tutional.
Section % provides that each bal
! lot box shall be labeled in plain ro
man letters designating the officers
to be voted for. Section 90, among
other things, provides that eacf
3 elector shall approach the polls from
3 one direction through such passage
and after his ballot is deposited ir
3 the box, with as little delay as pos
, sible, shall depart from the passage
: leading from the polls. 1t is alst
: provided that only one voter shal
: enter the passage at time, and n,
: one is permitted to speak or MAKE
, signs to him, but there is no provis
ion that the judges shall place tn
/ ballot in the proper box in the even
the voter should be unable to rea,
/ and write.
!, VIOLATE STATE CONSTITUTION.
: These provisions are in the natur
$ of an educational qualification, AM
4 are in violation Of the State consti
+ tuition, in that they undertake
: add an additional qualification t
those prescribed by the constitutio
s of the State.
i In discussing this subject MI
Narr, on suffrage, page 176, says:
: "The obvious conclusion is tina
the legislature can not add anythin
!. to the qualifications other than thos
9 prescribed by the organic law of tn
5 State."
The provision in question is
# needless and vexatious Requirement
which necessarily results in impet
}, ing the elector in the exercise of h
right to vote.
Is There are many equally objection
d al features to be found in our ele'
r ton law, but I am sure that thes
t. sections are of such character as
d remove all doubt as to the uncOnst
d tutionality of the registration act III
rs der which our election was hell
% And this brings us face to face wit
y serious proposition, one that hi
y never been passed upon by this bod.
ID It is as to whethar we shall acce]
4 the credentials of one who claim
" the right to seat in this body
IN virtue of having been elected by
te legislature whose members we
IN elected under an election law th
ID violates the principles enunciated
le the cases from which I have ju
to quoted. In other words, does it n
n appear from an inspection of the
provisions that the registration a