The herald and news. [volume] (Newberry S.C.) 1903-1937, 1909-10-26
CAN THE ELECTION BE HELD?
Ci=y Attorney Cromer Says Decision
Of Supreme Court Does Not Al
feet Special Bond Election.

III HuiCA was pAAAeSG oH4o
ordering the election on the sewerage
bonds, we had a short editorial in
quiry as follows:
:ACan the Election be Held?"
''City council has ordered an elec-
1ion on the sewerage bonds. We
should be careful to be right. The
constitution Of the State provides,
article 2, section II, "The registra-
tion books shall be closed at least
thirty days before an election, during
which time transfers and registration
shall not be legal.'
.'Section II, same article provides
municipal elections shall have the
same qualifications as county and
State. The books we're opened Mon
day last, then thirty days prior to the
ELECTION as ordered. This matter
should be carefully looked into by
the city attorney.'
The next morning City. Attorney
Cromer came to The Herald and News
Office and said he would be glad if we
would print his opinion which he had
been asked for by the mayor. we
stated to Mr.. Cromer that the point
was not covered as we saw It IN his
opinion as it did not relate to the
question raised by The Herald and
News, and he replied then that the
section of the constitution which we
quoted did not refer to municipal or
special elections, and in our issue OF
October IL, in printing Mr.. Cromer's
opinion We stated, "this opinion does
not touch the point raised by The
Herald and News, but City Attorney
Cr.mer says that the section Of the
constitution quoted in regard to clos
ing registration books does not apply
to municipal elections. "
In our issue Of October Is we stat
ed editorially as follows:
I'm calling attention to the const1-
gutional provision as to the reg1stra-
ton Of voters The Herald and News
did not have reference to the statute.
On that point DR.. Cromer's OPINION
Is safe. But a statute cannot change
tie constitution. The constitution
SAYS the registration books for the
State shall close thirty days before
an election. This election is ordered
70 take place less than thirty days
from the time the books were open.
This election comes on Tuesday, No.
yember 2nd. one day after the day
for opening county and state books
81 registration. This will close the
books on the first Monday in Novem-
ber and to vote in the city primary
Town registration is necessary and
70 secure i; you must have state
REGISTRATION ticket.
IF. however, all the requirements
OF the statute are complied with II
Will be all right. 1t is important to
have the sewerage and our only pur-
pose is 10 be sure we are right so as
A,nr 20 have another hold-up on a
kechn:eality.''
3 The Supreme Court in q decision
5handed down on Saturday and writ
ten by Justice Hydrick, bears direct
A on this question and speaking OF
kicle ,, section II, the Court says:
It is contended by the respond
that the above quoted provision
the Constitution was not intended
w apply te municipal and special
" .ections, but only to general elec-
t;ons. The language used certainly
does cot warrant such a construction
It is broad enough to cover all elec-
tions and We see no reason why II
should not be applied to one class o1
election than to another.'
We print elsewhere a full synop-
sis Of this opinion, and It covers
yerv much the same point we raised
ard ~e presume it will necessltate the
ordering Of another election on the
sewerage bonds for Newberry, though
the city attorney says it will not.
Mr.. Cromer. the attorney for the
city, as seen by The Herald and
News yesterday. and it is his opinion
that the decision Of the Supreme
Court does no; in any way affect the
validity Of the election which has
been ordered. He says that under
this opinion those who registered IN
or.oser cannot vote and that the
L,o',s were constructive.y closed as
- th;, election only. and that a reg
i,;vatj;in certificate secured III Oct"'
bpr for he purpose Of voting III the