Tombstone epitaph., 1916-08-27

counties are. of course. the registra- | ton officers thereof. and they alone | can cancel an entry made.
 It is admitted that the only causes | for cancellation expressly stated by cur law are found in Paragraph 2897 Civil Code. 1913. It is also admitted by plaintiff that the only cause in that paragraph which could be considered to apply in this action is as follows: 't5) upon the production of certified copy of judgment directing the can cellation to be made"
 The only way in which a judgment directing the cancellation of an entry can be obtained. is found in Paragraph 2s9 Civil Code. 1913, Upon demand first being made in writing therefor. and his refusal to do SO. then any person may proceed by action in the Superior Court to compel the Recorder to cancel any entry made on the regis ter illegally, or that ought to be can eeiIed by reason of facts that have occurred subsequently to the time Of Such entry.
 It is contended by plaintiff that his change of party utilization is one of the facts set forth in the underlined portion Of the statute just quoted, and for that reason he is entitled to his judgment
 It may be concede that there are few, if any. direct precedents on the point in question. know of no state hay ing precisely our statute. either on registration or primaries. and the case must therefore be decided on reason and analogy
 Paragraph 2sS7. supra, gives seven easons why the Recorder shall canceO the entry. The first four reasons are the removal. death, insanity or con viction of felony of the elector. The sixth and seventh reasons are different forms of the others. The remaining one is the production of the certified copy of the judgment above referred to.
 Paragraph 2sss. supra. requires as g condition precedent to an action such as this, written demand to the County Recorder for cancellation. and . re- .usal on his part
 It is apparent that the Recorder has on right under the statute to cancel or the reason given in this case, in the absence of a judgment of the court Why then require of the voter written demand which he knows un- der the law. MUST be refused? It is not to be presumed the law would re- quire an absurdity.
 Further. the construction asked by the plaintiff would leave the reason of cancellation discretionary with the court. and not governed by law. Sup pose the court was satisfied that the plaintiff-had become a bad moral char acter. Morally speaking. no person bad character should have the fran Chise, but no one would contend that such character would be Q legal ground of cacellation.
 Again the law requires the elector to state his name and occupation. Can a court arbitrarily cancel registration, because of a change Of occupation, or If an unmarried woman shall change her name by marriage after registra- tion?
 If, on the other hand, we construe the statute to mean that the facts That have occurred subsequent to the time of entry" refers to the facts set forth in the first four reasons given For the Recorder to cancel the entry. Ne have . reasonable, logical and consistent statute.
 Those reasons all involve questions of facts that have occurred subse- quent to the time Of entry." They are question of fact as to the truth of which the Recorder may well be in doubt and desire to protect himself fin his action by the judgment of . court authorized to render such judg. nent On the other hand, he may be satisfied of the facts and 90 willing to