The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1903-09-01
TRANSFER REGISTRATION

TRANSFER EsEGloIi<AtlUts
Mr.. Lanier Enarges on this Interesting
ard important Subject.
oM Nh letEer t e MI s sa %sien la
on the subject Of registration upon trans
Mr. syah Rie'' H. "o Ma M"scGfitt y ~
before the various Reglstratl,o, Board 1s
Their ollcin dulles. tho equally Hf t ase
q the maoE nS Is deof hcrafo e o sas ne
it to : DO III Understood that I assume TO
sneak for no one but myself In the op!n.
Ions 1 give IN response to your furthes3
Ti i,' members Of these boards are f or,
stitutional officers clothed with 1aa1'c III
a aes{os th Ii arso IL the dseharse
SELF aggrievcd by their decision hes the the
| right OF appeal 10 the Circuit or Corpo-
You" You ask me &c Il TIC question q regstra,
ton upon transfers is not, governed l by
proved july IS. 1902. Acts Of Assembly.
| extra session. 1902 1903. pages 12-13y when
re.enacts, with reference TO qualincm T..
for as fe9a e It esSf by transfer
original registration. section, 50 OF the
Code OF 1887. as amended by Acts .s,4 or OF.
49, providing ft INC on Yofa lis
transfer. In tho district to which he has
moved on his showing, to tho sntislac-
ssa Of e. the rfg Sye reso d p H t Is tbs
next election. In the county or CITY 40 10
which no has removed for three months
preceding said election; !, NY answer wei rs Is
| gstrntion prior to first of January, IVA.
| for the reasons hereinafter stated; and ~
that 1t requires only three months resi-.
condition precedent to. the right to regis $
| ter on a transfer, 1t is null and void. rro
tanto. by reason OF It's conflict with the
provisions Of sections 10 ana ~, q dTt nc eb :.
i elective franchise The Constitutloen ~, -
commonwealth., The LegIlsIltature can ear
R}a ass tat ho a eonf Ms With is provisons
among other things, IN section ton 1 L.
4 fers as 10 original registration. as quail
i fed by section 26. shall have been resi-
YEAR year and t'' Of the precinct in which he
I. offers to register thirty, days next l,re.
ceding the election in which ne 31fers 70
The hauss9n q afs ana n
!. that Involves the principle in the cues;
Luton at issue. 1t Is true that section 20
gives the General As U.s. aataol
i lsla ton. tho general provisions Of the
4 AConstltution as to registration and trans :,
fers after 1904 but the Leg!sla.t,urec IS nauna
4 ton on the questions and can pass no act
in conflict Herewith. In regard to the
i act in question, the Legislature adoptead
| ton Vas 4 adopted, prescribing three
months residence In the county or CITY
i condition precedent to his registration
therein. This act being repugnaant to the
I provisions of the present Constitution on on
Il that point, was specifically made nun
4 and void by section Of the schedule,
tuition. and section IS Of said schedule
speset "a the qualifications as
4 t X Isl is and 10 Of he Constitution. BY
pd IL tie ee the act in
Question is manifest. and the. inadvert-
ence Of the Legislature in passing it VI wlh
81 n me- 2oe amended by
Acts Of 1s5-'90, is explained. Section l.
OF Article III. OF the old Constitution re,
months residence in tho county city or
town, as the case might, be, as a condl-
ton precedent to the Fight TO register.
ts rom CINE to e to carry
into effect the general provisions of the
suffrage article Of the old Constitution.
ampifyng and enlarglng those provisions n7
and required. In these acts that were
passed it became necessary to incorporate
the provisions Of the Constitution as to
being doubtless, perplexed and hand
capped by the ntrlcacy ,a anGL volume OF
!, | fronting 1t, and pressing for speedy en-
! actment and finding may Of tho old acts
on registration, etc, capable OF adapta-
, stltution, with slight changes made those
changes and adopted the, acts, but
through inadycrtence,, failed to make the
Of resident required BY the new constl-
; Furthermore. even were it conceded
to. pass the act In question It could not
new Constitution prior, to, 1904, for tho
ton undertook and did provide fully and
exclusively for all reg STATIONS. whether
by transfer IN, or otherwise prior 70 that
!, ton Of voters under this constitution
prior. to the year, 1904" The Legislature
is not named in this ordinance. which, as
It's title Indicates, purports to and does
deal fully, with the subject and the gem
eral provisions OF which are. subordinate
" tlc apeClIlC provisions OK I1ftlClo ! i.
/, of the Constitution on the elective fran
! chise. The power of legislation Is derived
= from the Constitution, either directly, al
by necessary implication. and cannot b.
exercised In conflict with any specific re-
, quirement thereof ~
y The Constitution, as will be seen by re-
ference to section %, gives the Legisla
t turn no authority In the matter of regis
tralon and transfers until after the frs
of January. 1904. 1t will be seen, by re
e ference to the last line of section %, u
. the Constitution, that the Legislature II
{ directed to provide for tho transfer OF al
: voters Registered under the new Constt
( tuition; but, as the duty Of the Legislature
\ IN this particular does not and canno
arise until after the first OF January, lDUA
any act it may pass IL the premises. nun
, necessarily remain in allegiance until afte
c that period.
y Some one may contend that these quail
lhcations of residence. ETC.. are restrict
ed to original registrations and % no
I transfer Is not a registration within III
n meaning OF that term as used In the Con
| eki., J,o ~ tr,t hn ba tOrS IN