The San Francisco call., 1906-06-23
CANNOT USE INDICFS As.
A GREAT REGISTER.
ELECTION BOARD RENDERS DECISION
New Registration Alone Available for Use at the
Primary Election TO Be Held in August
purpose of constituting such original
book OF afidavits the election register
REGISTER EVIDENCE NEEDED.

purpose of constituting such origina,
book of afidavits the election register
REGISTER EVIDENCE NEEDED.
The index is provided to facilitate
the nnding OF the original affidavit by
number, and serves the same purpose
as the index of a book at the election
II contains the number of the original
afldavit and also the name. age ad-
dfess and occupation. The name and
number would be a sufficient index at
the polls. but by the primary law il
is provided that before a primary cleo
tion. complete sets of this index shall
be furnished 10 political committees
AS this may serve to enable such COM
mlttees 70 mail Literature or aid its
canvass, it is probable the age. address
ana occupation are inserted for such
a purpose. Whatever the index is. II is
not, and never was intended to be the
register. The affidavit in addition to
the matter in the index. contains the
height. visible marks or scars their
location, the country or State of ma
tlVity, details of the place of residence
address. whether the voter can read
the constitution in the English Ian
guage and write his name, whether he
mark a ballot without assistance (See
Sections l096120S, Political Code.)
All these matters add to the view
against fraud. meant TO furnish regis
ter evidence for ocular compa on,
not only of the signatures. but of the
physical description.
ELECTION OFFICERS LIABLE.
The election officers who deliver a
ballot are subject 70 penalties of a Sc
we're nature for violation of Sections
1904 or 1367a, Political Code. (See Sec
ton Il. Political Code.) How then can
they deliver a ballot in violation of
such sections? The Code having spe-
cifcally declared that such book of
affldavits shall constitute the register
70 be used at the elections, we cannot
assume 20 order something else 70 be
used, which is in no sense even q COPY
OF such affidavits. We are urged to do
this because the original is destroyed.
The index is not even secondary evil
qence, for IL does not purport 10 be a
copy, but merely to contain a few of
many essential matters. But the rule
as 10 secondary evidence, we think,
applies in the trial of actions in courts
of law where the court or jury may
give IL such weight as ii merits or
none at all. The register of voters is
made as a statutory method of evi-
dencing the right 10 vote, and we think
IL excludes the idea of proof by sec
ondary evidence.
ORIGINAL BOOKS DESTROYED.
The original books of afidavits to
which the index referred are destroyed.
cable TO anything; ii is functus officio.
Il is not the register provided by law.
1t is not lawful for this board to order
its use as a register, and ii must be
used as register or not at all. This
board is compelled TO decide this re-
quest. If il is In error the chairman
Of the State committee of either party
may, by a writ of mandate, procure an
order of court that the index be fur
nished TO election boa rds as register
II il should be used as such. (See Muir
ply VS. Curry.) Much stress in the
argument was placed upon the fact
that this being but an election for del
Sgates this board should adopt the re-
guest made by political committees.
The matter was not discussed in any
political committee and they took il
for granted that a copy of the Great
Register eXisted.A We do not know
that such committee would request us
10 do this after hearing our views and
the facts.
We think we have no power to grant
the request. and that to do so would
be TO proceed in violation of law. Reg
istration is mandatory and this partic-
ular kind OF register provided by law
is mandatory Cunless the law be in
ira ton not made pursuant to law can
not be used. (People VS.. Lame 33 Cal
Rep, 55.) The cases in support of this
are numerous
We have been reminded of the value
OF the right of suffrage. We are not
of the value of the elective
franchise to those who see Mt to value
II properly. A great conflagration has
destroyed property. life and public rec
ords. Our citizens bear the loss as
as they can. Some losses
are irreparable. Some records the Leg
islature provides for restoring by judi
cial process. We believe it has not seen
fit TO direct an index to be used as a
register, nor TO provide that the pri-
mary might be held without the lawful
The law makes no provision
as to what shall be done in case of a
lost or destroyed register. If the loss
should occur so Immediately before an
election TpndHr a n
ImposSibility, 1t is a judicial and con-
sututlonai question whether the cleo
ton could be conducted without any
register. If in such a case the regis
try law is imperative. then the only
alternative would be an election with
put a register and not an order that
something which is not the register or
any copy thereof be used as a register
But no such question arises now, and
his is probably the reason the Legis-
ature took no action The entire new
been saved and ever since the Path day
lf April the Office of the Registrar of
Voters has been open for registration
and transfer of residence, with full
to the voters.
VOTERS HAVE REMEDY.
No one has lost his right OF suffrage
The remedy is in his own hands, simple
and without cost except of the
which he would have had to do in any
such event If It is not worth that
much. then this board should not be
moved to send an old index, COM
nenced nearly three years ago, which
S not the register provided by law, to
he polls. The old index contains about
$4,000 names, not $4,000 of whom re-
side at the places named in it. For
his reason the law requires a new
-egistra tion every two years. because an
I'D one is an apt instrument for confu-
ion and fraud. All voters will, by July
IS, have had three months to register
since the fire. In many States a far
ess opportunity is given. In the city
IF New York formerly but a few days
we're provided for registration, and we
believe the same rule now obtains
here. Men in San Francisco have unE
usual privileges as to time for registra-
ion even since the fire.
The decision has thus far proceeded
upon the theory that. If the books of
ltfidaYits of 1904 and 1905 were not
ost, they might lawfully be added to
he register to be used at the primary
election on August IA. 1906 under sec
ion 1866 of the Political Code. But
s,,ranklin K. Lane, as attorney of this
,ity and county, by official opinion,
lated January q, 1902. found at page
500, Col and sos Opinions of the City
Attorney of San Francisco" has in a
very carefully considered decision de-
rod hs Doc a-1 f.f f<,,, g.,