The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-09-28
Judge Justice Grants the
Writ.
Continued from Page Five.)

Gated his opinion before the conclud-
ing argument of Colonel ArgO.
Suppose a man had registered and
failed to paw his poll-taJ," he asked,
what would be the result would his
name be stricken from the registration
book? Do they erase it? take it they
do not. Suppose he can't read or
write? Then they erase the name, UNI
less he is under the grandfather
clause. If he don't live in the ward
if any disqualification as to registra
ton exists, they erase his name. If a
man has not paid his poll-taX, should
his name be stricken from the book
when he may pay next year and vote?"
Mr.. Battle thought it should be 50
erased.
Then he would have to register
again in order to vote because he
hadn't paid his poll-tax?" asked Judge
Justice.
| Mr.. Battle assented to the PROPOSE
! ton,
II hope you may be right" replied
| the Judge.
Colonel Argo in Conclusion.
! Colonel Argo then commenced his
argument, saying that the whole ques
! ton rested on the determination
whether the qualifications of voter
|
! ton. 1t is not so under the consti-
tuition. Mr. Battles argument is
based on the ground that the qualif-
cations Of a petitioner are the same
as those of q voter. The law don
make them so. The distinction il
broad and intentional between the
! Watts law and the genera: election
law. All the cases cited by Mr. Battle
had been those in which a special
| election had been called under an act
! of the Legislature. The question in
those cases arose on the provision,
ma ority Of qualified voters When
the law said qualified voters it
meant just that, that they should be
qualified at the moment to cast a bal
! lot. The distinction between the quail
| flied and registered voter was as plain
as the difference between day and
night
Registration is a condition prece-
dent to the right to vote; but it is
not d condition precedent to registra-
ton that a man should have paid his
| poll-taX
Here the Colonel paused to kick the
city charter relied on by Mr. Battle.
saying as he perused the Constitution
| III provisions as to voters: Il see the
charter relied on by my friend over
rides the Constitution; it is in keeping
with the high-handed methods sought
to be followed in this matter
He then read the qualifications of
voters and the Article Of the COnsti-
tuition with reference thereto, showing
that they were distinct from the con
! ditions precedent '"istratiOn, that
| every person who could read and
| write might register, but before he
could vote he must have paid poll
! tax.
Mr. Battle had said that voter was
participial adjective He is a noun
with an r" added, meaning agency.
! He supposed love would be noun
and lover nothing but an adjective!
He then read the qualifications of
! the election law as to registration, the
only questions material being that the
person should be of age, not a lunatic,
etc, and identified, and residence
| known.
The next section says that no person
shall be entitled to vote until he has
paid his poll-taX.
The poll-tax, he argued was not re-
quisite to registration. 1t was merely
a temporary disqualification. man
might let dozen years go by and still
| pay poll-taX and vote. He could re-
qualify without registration by paying
the tax. The Constitution so applies it.
| Thousands of people may have their
| names stricken from the registration
| books if Mr.. Battles rule was to hold,
good people for one or another rea-
| son. When the statute says registered
voters. it means those who have com
piled with the requirements there
| specified. The Judge had properly
stated the law in his questions. Names
| illegally on the books could be stricken
off, or names of those who had died.
| When the "Old Master" calls we've
| got to go; there must be action then.
| This whole case was simply that the
| Board o. Aldermen had sought to in
| terpolate qualified for registered vo-
| terc.
While registration is a necessary
| prerequisite to voting, the qualifiCa-
tons for registration are not the same
as the qualifications of voter WL"n
| he presents himself at the ballot box.
We can go no further than the Consti-
tutional requirements. The statute ap
piled to petitioners who must be ds-
certained by the registration books.
Mr.. Battle had stated that they
didn't want the people stirred up You
can nullify any law if you will let a
| little collection of men get together
and say its against public policy"
The law was not against public policy.
The Legislature didn't contemplate
that it would be. The law must be
obeyed. The rights of citizens must
be preserved. The Legislature is tie
judge as to what is good policy. What
! has private opinion as to good morals
or eXpediency to do in the face of
the law? The Legislature has said that
| this thing shall be.
The statute is mandatory; exne-
| diency can go to the winds
Colonel Argo then laughingly critf-
| Cized Mr. Battles Blackstone argu-
ment,> stated that he understood That
the committee drafting the Watts law
| had first inserted qualified voters and
! then changed it to registered and
summed up his contentious: That the
act applies simply to petitioners and
| not to voters at the election; that