The Montgomery advertiser., 1907-10-24
NO SESSION OF REGISTRARS No Legal Authority.
 Says Garber. RENDERS OPINION ON SUBJECT. Can Be No Valid Registration for.
 Prohibition Election. question Raised Tn Connection With Birminsham Contest And Attor- ney General Holds Against
 The Proposed Special
 Registration.
RENDERS OPINION ON SUBJECT.

Attorney General Alexander Garber yesterday decided a question which will be of much interest in Birmingham, as well as over the state, in regard to the sitting of the Board of Registers. 1t is of good prospective interest in Mont Gomery.
 Some controversy arose in Birming- has as to whether registrars could legally sit on the Friday and Saturday immediately proceeding an election for prohibition. Chairman R. G. Hewitt asked for decision on this matter, sending his letter to Auditor Brandon. who turned 1t over to the Attorney General.
 Colonel Garber's decision Is that the registrars cannot sit on Friday and Saturday Immediately proceeding the election, and so stated. His decision gn full is as follows:
 Montgomery, Ala, Oct 2s. 1907. @Hon. W. W. Brandon, State Auditor,
 Montgomery. Ala.
 Dear Sir:-Some days ago you handed me a letter addressed to you from MT. R. q. Hewitt. Chairman of Jefferson County Board of Registrars. with the request that advise you in regard to the question referred to by Mr. Hewitt in his letter. ~
 "The following is the question sub mitted for my decision:
 ssWhether there is and authority of law for a session Of the County Board of Registrars on Friday and Saturday immediately preceding an election for county prohibition.
 .Section of An Act gro further reg ulate elections in the State of Alabama, approved October 12. 1903, directs that the Board of Registrars in each county shall visit each precinct once and oft aner if necessary between July and October 1, 1904, and each two years thereafter, to make a complete regis sration of all persons entitled to reg sster. This section also provides that the Board of Registration in eachscoun- ty shall meet at the court house on the last Monday in September. 1904. and each two years thereafter, and shah remain in session one week for the registration of voters.
 ssThe second paragraph of Section 6 pk this Act contains the following pro- visions with respect to the time-and place for registration:
 son Friday and Saturday next pre-. csding the day of each general or mu- nfctpal election, held under the general municipal laws of this State, the reg astrars shall sit in the court house of each county during such days, and. in the event of such municipal election being held fin a town other than the county sttes and on date other than shat of any special or general election. said registrars shall sit on Friday and Saturday preceding such election at some place within the corporate limits of the municipality wherein such pro- posed election is to be held, of the time and place of which sitting due notice shall be given. as provided for in the matter of regular registrations
 .AThere is no provision for special sitting of the Board of Registrars be- tween October 1 and July 1, except in those instances mentioned above. which deal only with general elections and municipal elections. There is, there- fore, no authority of law under this Act for a special session of tho Board Of Registrars on Friday and Saturday next preceding the day of an election held under An Act TO prohibit. regu- fate and restrict the sale or distribu- fion Of intoxicating Mquors' etc, ap. proved February 26, 1907.
 sseetion, 1os of the Act of 1908