The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1905-11-23

registration list though there are
authorities which seem TO justify that
course. Duke V. Brown, 90 n. C. 127;
$. c. 90 n. C. 3S4. Nor have we been
inadvertent to the fact that under the
former constitutional provision one
who was an "elector' i. e. qualified
TO register was eligible TO office,
though not registered. and that under
the amendment" no one is eligible to
office unless he is a voter /. G. regis
tered upon proper qualification and
having paid his poll tax (if liabe).
There is no hardship In this. The
same public policy which requires
the payment of poll tax and registrat-
ton in addition to the qualification as
TO age and residence, to constitute a
voter" can surely require the same
as to one who asks the SURFACES of vo-
tiers.
The judgment below is
REVERSED.
Judge Browns Dissenting Opinion.
y dissenting opinion is filed by JUS
tice Brown concurred in by Justice
Walker. and is as follows:
Brown, }. Dissenting. | regret to
differ With my brethren in any case
and especially in this in which my
natural inclinations strongly prompt
me TO concur. But my convictions are
strong that the Board Of Aldermen
illegally struck from the petition the
names of a large number of those
who had the legal right to sign ii.
| am of opinion LIST. That the
Board had no power to strike them off
for the alleged non-payment of poll
tax: md. That the Board has no
authority To pass upon such fact; 3rd.
hot = l1ax h1xr 1Y1th ifxr hay
exercised ii in an illegal manner and
based their finding upon utterly in
competent evidence.
[. The right to petition for an
election in certain cases is a right
of the private citizen given by law.
1t is as much a legal right to those
To whom it is given as the right to
vote is TO those who possess the neces-
Sary qualifications. In my judgment
the qualifications necessary to
legally petition for an cleo
ton include only those which
are necessary to enable per-
son TO register and thereby become
what our Constitution plainly calls Il
registered voter" These do not in
clude payment of poll tax. The Ian
guage Of the statute is as follows:
Sec /. That il shall be the duty of
the governing body of any city or
town, upon the petition of one-third
G-3) of the registered voters therein.
who were registered for the preceding
municipal election. to order an cleo
ton Ia be held" etc. Chap. 233. Acts
1903. The Constitution, Art 4, Sec. 8.
enacts that Every person offering to
vote shall be at the time a legally
registered voter as herein prescribed"
Section prescribes the only quaih-
cations but one necessary to become
a registered voter referred TO in Sec.
>. These are residence in the State
for two years, in the county six
months and in the election district
four months, preceding the election.
Section adds the Other an educat ton
III al.fication. There is OF course
the We'll known disqualification for
rhine. Thus the man who registers
becomes, in the l2aSr 60 of the Con-
stitution, a Registered voter" He may
exercise the right or not as inclina-
ton or duty may prompt him. But
before he can exercise it he is re-
CURED by Sec. TO pay his poll tax for
the previous year and such payment
must be made on or before May 1st
of the year in which he proposes
to vote. When the Legislature used
The words registered voter" it used
them in the sense in which they are
employed in the Constitution and as
previously defined by the Courts. This
is an elementary principle of the con-
struction of statutes. This court as
lone ago as 1876 has made broad
distinction between Il registered voter
and qualified voter. and that dis
tinction has been generally recognized
both by the General Assembly and
the judiciary. Mr.. Justice Rodman,
speaking for a unanimous Court. says:
"A qualified voter is one who is en-
titled to register as a voter. and who
is also qualified to vote after such reg
is:ration." X. r.. Co. VS.. Caldwell.
70 Y. G. 493. Again he says in the
same opinion. But in the idea of
the Constitution the terms qualified
voters and registered voters are not
exactly co-eXtensVe." See also Nor
ment V. Charlotte, 50 n. G. $50. Hav-
ing shown that the right to become Il
Registered voter" is distinctive
right gwen by the Constitution, and
so recognized by the courts. the Leg
islature is presumed to have used the
term in the significance so given It,
The right 10 become a registered voter
ante-dates the time fixed for the pay
ment of poll tax. and. therefore. IL
follows that n registered voter, within
The plain meaning of the Constitution
is one who has registered, but has not
paid his poll t;~. When he does the
latter, he becomes a fully qualified
voter. If the General Assembly had
intended that only qualified voters
should sign the petition it would have
used those words and not the term
Registered voters. 1t had> the same
power to require one as the other as
condition precedent to holding the
election With perfect Difference for
my brethren. it seems plain to me
! that they have by judicial construc-
ton read into the statute words
which the General Assembly never
intended to place there. Inasmuch
as the disability arising from not hav-