Smyrna times., 1902-07-16
DELAWARE LAWYERS VIEW
THE REGISTRATION LAWS
SOME EXPRESS THE OPINION THAT A REG.
ISTRAR IS NOT COMPELLED TO SERVE.
Could Move From the District From Which
he is Appointed and he Would at Once
be Disqualified.

1t seems to be the opinion TO the law
yers of Wilmington that registrar, or
assistant registrar is not compelled to
serve the State in that capacity, as
many of the registration officers be-
lieve. Recent editorial disussion of
this subject in the EUening Journal
has caused considerable talk in legal
circles, and when a representative of
this paper sought interviews with city
lawyers, full and free discussion of
the subject was obtained.
One lawyer, who figures prominently
in State politics, voiced the opinion of
half dozen of the lawyers in these
words
81 will first take up the subject of
whether candidate for office can sit
as registration officer. The law says
he shall not. The appointment of such
a man, hold, would be highly i'm
probable, because the Governor makes
his selection from names sent him by
the County Committee. OF course, if
the County Committee desired to con-
spire against any candidate for office,
it might recommend his appointment
as a registrar. But this could not be
the case.
Before entering upon the duties of q
registrar, the appointee must swear
that he is resident and qualified voter
in the district in which he is appointed
to sit as a registration officer, a resid.
ent of the United States, and is not 8
candidate for any Office to be voted fOl
at the election for which he is chosen.
The law seems to compel any mar
who is not a candidate for Office Il
serve as a registrar, it is true, but h'
may refuse to serve. All he woulC
to do would be to move from the dis
trict from which he was appointed
This act would disqualify him as al
election officer in that district, becaus
he would cease to be qualified vote
in that district. Although certain
classes of our citizens are compelled t
do jury duty, you know many of tina
class are disqualified from service. In
terest in certain case at the bar, o
non-residencela are causes of exemption
you know.
Becoming a candidate for offic
bars a man from serving as registrs
ton office Why this is so is clear t
everybody.
81 am inclined to the opinion tina
section of the act is intended to max
it impossible for any candidate for o.
fee to be a registration or election oi
ficer, for the reason that the act say
= no man can become a registration {
election officer without previously tai
r ing oath that he is not candidate ft
/ office at the election at which he sits.
= "About the question of failure
s qualify after appointment: The la
< says that any man who shall refuse
: qualify after appointment shall be fine
9 S1OO. This language must be col
s strued in connection with the rest
l. the act, and means no more than tn
It a man who is appointed as registra
a assistant, or alternate, to whose Sc
o wees there is no valid objections, und
% the act, would be that the officer W
n not a resident of the county, votil
v district, or candidate for offic
If Without any one of these reasons
? officer who would refuse to ser
1t might be indicted, and if any one
ir these valid objections prevailed
at would be indicted if he did serN
Remarkable law, it is true"
er REV. E. L. HOFFEcKER AT GREENSBOE