The sun., 1904-11-03
NEW FRANCHISE LIMITATIONS.
JUSTICE M'CALL CALLS STATE
ELECTION BUREAU Law SILLY.

Legislature Had No Power to Require an
Applicant for Registration 70 Answer
the Immaterial Questions II Pre-
scrlbed and No Power to Enact That
Immaterial Questions Arc Material.
Supreme Court Justice Mccall delivered
himself gain yesterday. on the bench, OF
his opinions concerning the powers OF
Superintendent Of Elections Morgan and
the Legislature in connection with regis
tration. Charles Mccarthy, a horseshoer.
was brought before Justice Mccall on a
habeas, Justice Omsted having held him
for the Grand Jury on a charge Of perjury
because, when registering, he said he was
working for one Edelstein. at rs Clinton
street. Edelstein's shop is at 5s Clinton
street. Mccarthy explained that he had
merely made a mistake. Mr.. Morgan and
his deputies admitted that, but they claimed
that the erroneous statement, even though
unintentional, constituted perjury.
Assistant District Attorney General
Byme, for Mr.. Morgan, contended that the
Legisla ture had so worded the registra- :
ton laws that msstatements constituted
perjury, and he said that the law ught
to be enforced to the letter.
mo court" replied Justice Mccall. SIS
bound to spell out silly enactment Of the
Legislature, or to uphold such nonsensi-
cal contention. II were to go to regis
tration booth and be challenged, and II,
among the various questions propounded.
| should be asked how much l weig he'd
and | should answer 1876 pounds, wherea
the fact was that 1 weighed but 1855, would
there be any more sense in arresting me
for perjury than there is in this case?'
THE whole object Of the ballot is to
insure the purity of the election. Does the
question for which this man was held dea
with his eligibility to vote? Suppose he
said he had no employer
Mr.. Byrne contended that If the answer
were untrue the man would he guilty OF
perjury and disqua llfied from voting. He
added that wherever Mr.. Morgan was
satisfied that a mere misake had occurred
he was prepared to abandon proceedings,
but he was ankle US to have the q ur s
determine how far untrlithfulness or error
cculi go withc ut violating the oath.
such answers" decla red Justice Mccall
must be given wilfully, falsely and with
is there any doubt that this man told the
ma aterial truth when examined
Not the slightest doubt replied Mr.
Byne,
sad Justice Mccall.
~ in person and asked to be heard. He
wanted to know judioia lly. he 80 ID, whether
the questions prescribed by the election
law were material. He asked II the Magis-
trate was not bound to hold q man who
had given a false answer. unless 1t were
II h,t tha Urn ninfa
He certainly should, said Justice
We'll. then. that's the case here, replied
Morgan. 49,.
that you are ready to have any man dis
charged who has merely made a mistake
That is exactly what you should do, and
will say for the records Of this court that
the Magistrate was not justified In hold
ing this man on the evidence. simple
mistake has occurred.
"Do you not consider, Task edS Supt
Morgan, that the enactments OF the IeRis.
lature have made these questions material?
THE legislature, replied Justice Mccall
has no such power, and II 1t passed, OF
attempted to pass, such an act an act
making such questions material, 1t would
20 entirely outside Of its power and would
Be acting , unconstitutionally. II the
Legislature has enacted that man other.
wise entitled to register and vote must
give the name OF his previous employer
Or answer some other silly questions such
az appear in this affidavit, then the Legis.
lature e doing something that appears tc
me to be utterly unconstitutional. wan,
to say that this Is my personal opinion, ano
not a judicial pronouncement no oonsti.
tutionaI question being now before me 70,
decision. Meanwhile ! will sustain the
writ ard discharge the defendant
Morgan said afterward that he proposed
tn have the Appellate Division pasa on
the constitutionality OF the law.