The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1904-09-16
No Certificate Necessary to
Show Registration.
The Machine Scheme Knocked In
the Fead By the Covington
Judge.
COURT OF APPEALS TO DECIDE

Covington. Ky. sept. l6.--Special
Judge Mackoy has declared unconstitu-
tional the amendment to the election
law passed by the last kentucky legis-
ture compelling all voters registering to
secure from the clerks of their respective
counties certificate Of registration.
lie enjoined John B. Yates, county clerk,
from issuing any Of the certificates of
registration as prayed for Saturday by
DIR. }. d. Collins. of Covington. Mackoy
by agreement. acted for judge in the alb.
sence of Circuit Judge Shaw.
The law affects cities of the first, sec
ond, third and fourth classes. The
amendment provided that certificates Of
registration must be presented by each
voter and that il certificate should be
lost, the holder could buy another by
paying 30 cents. The law does not. how
ever, provide any punishment for pur-
chasing or selling these certificates fraud
ulently.
According to the agreement reached
between the attorneys on both sides in
the case, the decision of Judge Mackoy
ends the matter so far a the circuit
court is concerned, and the case will be
taken TO the court of appeals and ad-
ranced on the docket so as to obtain an
carly decision.
Judge Mackoy, in his decision, said
iheIc were two questions for considera-
.ion in the ease to decide whether Col
ans had the right to sue ami whether the
legislatures act was constitutional.
Ks 10 the first, he said; In this state
I have no doubt that the remedy by in
junction is the proper proceeding, and
that any illegal expenditure of money by
public officer may be cnjoincd in a suit
begun by resident taxpayer, AN Of
he opinion. therefore, that the plaintiff
in this action has sufficient interest in
ibe subject matter to enable him TO
maintain an action
The second question was whether the
requirement that voters have certifi-
Gates, as provided in the amendment.
was the registration" mentioned in sec
ton l47 OF the state constitution.
As TO this, he said; Il am of the opin-
ion that the provision in the reference
% the issuing of certificate TO a voter.
which he is required TO present when he
offers to vote, and without the presenta-
ion of which to officers of election he
cannot vote, does not come within the
meaning of word registration, as that
word or term is used"
The issuing Of a certificate TO a per
son who registers in no way serves the
purpose intended in the registration of
voters. The certificate remains in the
possession Of the registered voter, unless
lac loses il, and cannot afford any aid
either to the officers Of election nor to
the public in determining any condition
Of the election.
The requiring that the voter shall
present a certificate of the fact that he
il registered is imposing another quail
fcation upon voter not prescribed by
the constitution, and is limitation up
on his right to vote. Is in no sense
reasonable regulation for right of sui
frage, and if the voter shall lose his Ger
tificate the burden is imposed upon him
of obtaining a duplicate before he can
exercise the privilege of voting. The act
under consideration disqualifies person
from voting, and if he would exercise
the privilege of voting he must then pay
stipulated sum in order that he may
vote"
The hearing was given Tuesday, when
arguments were made against the amend
ment by the Hon David Fairleigh, of
this city. lie claimed that the amend
ment provides an additional qualifca-
tion in order to exercise the elective
franchise; and, further, that it impedes
and was intended TO impede suffrage in
cities of the first, second, third and
fourth classes, and was therefore I'M