Omaha daily bee., 1905-08-17
THREE REGISTRATION DAYS
City Attorney Breen Revenes His Former
Opinion on the Matter.
PRIMARY LAW AND OlO STATUTE CONFLICT
Mr.. Breen sets Forth at Length His
Reasons for Latest Opinion In
Review of Law for the
City clerk.

City Attorney Breen has reversed his on
hand opinion which he gave TO the newspa-
pers few weeks ago as to the number Of
registration days for voters now required
in view Of the Dodge primary law.
In long opinion written for City Clerk
Elbourn Mr. Breen says that the number
Of registration days will remain as at pres
ent-three. But in the attorneys mind the
conflict between the Dodge law and section
of chapter lxxvi of the general laws
makes primary day the first day of regis
tration and cuts out the old first day, or
the Thursday of the third week preceding
election.
The impressions Of the city attorney are
further amended in the particular that he
now believes party afiliation may be regis
tered on any of the three days and the
right TO participate in the succeeding pri-
mary be thus gained. After quoting the
two laws he says:
Two Laws Cannot Prevail.
1T is utterly impossible to give both the
new primary law and the section Of the
general election laws full effect as to the
number OF days and times OF registration,
although / was first inclined to hold that
they both might be given effect by holding
that the registration on primary day could
be a registration for the purpose only of
registering for party affiliation and thus Sc
curing to the voter the right to vote at sub
sequent primaries held under the new act.
On further reflection am persuaded that
such was not the intent of the legislature
in the new act; moreover that such a con-
struction would infiict many difficulties and
be impractical as we'll
II hold that the primary day is the first
day for registration and that a registra-
tion on that day secures the right to vote
at the November election, and If the voter
choose to give his party afiliation with his
registration on that day he secures the
right thereby to vote at the next primary
election held under the new act.
Point OF Differentiation.
'It remains for me to answer your Ques-
tion as to how many other registration
days, " any, we have. My answer to that
question Is this:
the new primary law is an act complete
in itself; that is, It is not an amendatory
act and hence it will repeal and does re-
peal by implication any older act or sec
tion Of older act or part or section OF an
older act inconsistent with it or repugnant
to It, so far only, however. as the older
act or section is repugnant to the new
act. Hence as section 8, chapter lxxvi, 10
Iepugnant to and inconsistent with the
new act, said section must yield to the
newer act to the extent of such incon-
sistency and repugnancy.
Nov, the new primary act and section
are repugnant and inconsistent only as
to what day or which day shall be deemed
the first day OF registration. Section S
Eays that Thursday OF the third week prior
to the day OF the November election In
each year shall be the first day for regis
tration. The new act says the primary
day shall be the first day for registration,
and to that extent. and that only the
new act conflicts with or is repugnant to
section g. . .....l .... ss
e7'''' s'ft6Fee' 'sReEistFRtiOn Days.
IT therefore hold and advise you that
there will be but three registration days
for the coming November elections that is,
the day upon which the primary election
is held, the Friday Of the second week
and the Saturday of the first week immedi-
ately preceding the day OF the November
election Upon each OF these three days
any voter may register and thereby Sc
cure the right to vote at the November
election. and, II he gives his party affilia-
ton and has It recorded on any OF these
three days, he secures the right also to
vote at the next primary mot this coming
primary held under the new primary
law.
"Of course. you already understand
doubtless, that the first primary Lection
held under the new act must be held or
last years registration list as to party
affiIiation."
City Clerk Elbourn, who is In direct con.
troll Of the registration machinery, wat
asked II he would act in accordance will
y, this opinion He replied he had not ye
decided. Some time ago the clerk said h,
would hesitate to act in the matter at al
without the direction OF a court.