The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1908-09-12

while important, if properly understood
. and regarded, yet is trif1e when com
pared with elections OF this character.
Many voters in the election Of officers
do not vote; many never register in
such cases-they regard it as a mere
political play and do not care to bother
about the election, but when a measure
of this character is to be voted on nat
urally resulting in taxation, and the
electors attention Is called TO it, 1t Is
rare, indeed, that property owner
or one expecting to be a property own
er, does not cast his ballot for or
against the measure.
Registration is for a specific purpose,
/. e., to definitely ascertain, before
the election, who are qualified to vote
in that election. Registration, how
ever, can never defeat the constitu-
tional requirement, and qualify one not
constitutionally qualified. Our charter
providing only for the annual regis.
tration, and where one has register
ed and was qualified when registered,
the fact of being registered would not
For instance. non-payment Oh tax. re-
moval. conviction of disQuanfying
crime, etc. Upon showing this the vote
must certainly be rejected.
The registration having been In the
interim between first Monday in last
October and frst Monday in Novem-
Der. During that time many registered
electors may have become disqualified;
on the other hand many may have be-
come qualified electors. Consequently
an election held as 10 this, after the
last registration and without an op-
portunity to register for this election
and to restrict the vote to those regis
tered. would sot only be contrary to
law but manifestly unjust.
In Gavin vs.. the City OF Atlanta,
seth Ca, 1872. case resembling this
was before our supreme court In
that case the charter gave the munich
pal authorities power By ordinance TO
provide Tor registration. They did 90
provide, and provided for registration
for general elections and also for reg
istratioa for the special election. The
eleetio1 was held under. that ordnance
azd, OF course. in that cass the vote
was restricted TO those properly on the
registration lat. Alao in determining
the vote recourse was had to the Aun.
Der registered, and not to ths tally
Sheets. Why Because registration
ives lawfully required, and tAa rsa1a.
traitor ilst taos became the n eaAs ef
determining two things. First, tie
number Of voters qualiaed: second, 70
restrict tho vote 70 thoss thnG ras1a
tered. TAus we see in that aaas rssts
traitor xas required, aad spportsslg
for registering sivsn.
In Tho91&Sviils VS.. Laght, etc, I22d
Ga, 40s, this sReadon was again Ae.
fore de ssprens court. aaa upoa ss.
amiaauoa Of sAat ease and tisat ths
Identical eeaditiozs existed uaasr tAs
Townsville Gkarstsr and cars, RsmAe-
trattcn was bad Dor the aensrel cleo
tton: that slest;an vas had. and sab
seaueAWy In electioa was called Is In
this case The court held that all
qualified voters were entitled to vsts.
whether registered OF not, and that In
determining wAsther twothirds of tho
qualified vote was in favor Of the pro
posed measure recourse must be had
TO the talley sheets of last general
election, and not to the register list.
That case and the question now con
sidered are on all fours. and think
the matter is determined by that case.
] have taken occasion to critically
examine every case decided by our
supreme court touching this question
and fad no conflict. I think, when
the facts are considered, they are all
in perfect harmony Therefore my
opinion is:
LIST. That in determining the number
of qualified voters, recourse must be
had TO the talley sheets of the last
general election
I'd. That the registration list is not
to be considered,
Sd. That each elector in the city who
is constitutioEally qualified is entitled
to vote in the election.
4th. mat in determining qualifica-
ton the voter must have paid the
taxes of 1907.
9th. That in determining the result,
the talley sheets considered, IL two
thirds of that number shown by the
talley sheets vote in favor of the meas
ure, and no more votes be cast, the
measure is constitutionally carried
9th. That If greater number eff
voter be cast than is shown by the
talley sheets. then the test is that two
thirds of the vote cast is for the con
tract. Respectfully submitted,
| Francis n. Harris,
City Attorney.
Reports of Standing Committees.
From fire and building permit COM
mittee on the communication from r.
| H. Manser. terminal agent Brunswick
Z IL 1.