The Montgomery advertiser., 1908-05-08
NEW WARDS EFFECT
QUESTION OF REGISTRATION IN
 ANNIsTON RAISED.
Attorney Generals Opinion on Bear ing of Redlstricting Upon Com ing Prfmary--Must Reg
 fsfer in New Ward.

Tn response to request of State Auditor W. w. Brandon. the Attorney General, Hon. Alex Nj. Garber. yes terday rendered an opinion which will act, as a guide to some very perpiexed registrars of Calhoun County on the verge of the Anniston primary to be held May II. The judgment of the State Auditor was first applied for by registrars in Calhoun County but he referred the matter to the Attorney General.
 Tn effect. the decision of the Att torney General is to hold that resi- dents of Anniston In wards which have been made new by change of the boundary lines thereof on March 12 this year must register and vote in such newly made wards.
 The question had been raised after this manner by Registrars A. F. Mo- Ghee and Joshua Draper:
 The City Council of Anniston, on March 12, 1908 redistricted the city into wards. changing the ward lines from what they formerly were, and the City Democratic Executive Com mittee called a primary for May II for the purpose of nominating city officers. and some question has arisen as to whether a voter should register and vote in the new ward or in the old ward where he has not actually changed his place of residence
 "If person lived in a certain ward for more than three months prior to March 12. 1903, and is now living in the same place, but the ward lines have been so changed that the num- Der of the ward in which he lived has been changed will he register and vote in the new ward or in the old ward"
 The opinion of the Attorney Gem eral on this question addressed to the State Auditor Is as follows:
 Attorney Generals Opinion.
 Dear Sir-Several days ago you handed me a communication from r.essrs. A.. F. McGhee and Joshua Dra- per. Registrars of Calhoun. with the request that advise you concerning the question raised therein, It ap- pears that the City Council of Anniston on March ,12, 1908. redistricted the city into wards, changing the ward lines from what they formerly were, and some doubt has arisen as to whether a voter should register and vote in the new ward or in the old ward at the primary on May Ii when such voter has not actually changed his place of residence. The inquiry is submitted in the following language:
 of person lived in a certain ward for more than three months prior to March 12. 1908, and is now living in the same place. but the ward lines have been so changed that the number of the ward in which he lives has been changed, will he register and vote in the new ward or in the old wardT
 There is no authority. as far as I am able to discover. conferred upon the City Council of Anniston to change the ward lines by the act of February IS, 1895. There is pro vision, however. in Section of this
 AaA to provide for the opening of one polling place in each ward.
 Tn the absence of authority under this act to change the ward lines, assume, although I have not been ad- vised on this point, that the ordi- nance dividing the city of Anniston into i've wards was adopted on March 12, 1908, under the authority of Sec tion l4 of the Municipal Code (Gen- eral Acts 1907, p. 7ss.) In this con- nection it will also be observed that Section I5 of the Municipal Code con- fers authority on the Council to nx voting places for the several yards.
 eff, therefore. the new ward lines have been established in compliance with the power conferred by the stat ute such new ward lines would de- termine the place of voting; and if voter otherwise qualified resided fin certain ward prior to March 12, 1908, and has not changed his place of res idenee, but the ward lines have been so changed that his place of residence Is now in a different ward. 1t Is my judgment that he should vote in tho new ward at the place fixed by the City Council. Section $40 of the new Code of 1907. and Section 14 of the Municipal Code. each having a sepa- rate field of operation. are not in con- fiict.
 "In registering applicants on the spe- cial days before the election, the Board of Registrars should apply the same principle.
 The special days for registration re- ferred to by the Attorney General are those allowed for the sitting of the registrars on Friday and Saturday next preceding the time of the primary. This ruling, therefore. goes into effect today.