Bisbee daily review., 1916-08-23
BANDAMUS AGAINST
 RECORDER IS DENIED
CCoatinaed on Page ThreeI

..It lIa4 .. sa.hNAi tN ht AAlH ny NtiN precinct register.
 In order properly to understand and interpret a law which may ee a-- .euaus ou i,s lace, it is necessary Co now the reasons which led up to its snactment. The reasons for the re- ,uiremeuts of the registration law in esard Co party utilization are known Q every follower of our recent poi tical history. It is an unfortunate act that many voters. otherwise hon est. do not appreciate the meaning of party primary. Such primary, both n law and common honesty. is purely
 familiar affair. and a Democrat nould no more enter Republican primary than John Doe shoJli ia,er- ere in the family differences Of Rich iId Roe. 1t is notorious, however, hat before the passage of the last egistration law. there was a reckless disregard of this principle, and that thousands of voters participated in primaries Of 9 party whose principles hey did not believe in, and whose andidates they did not intend to sup port
 It is undoubted that the reason which led to the feature Of the regis ration law in question in this case yas the violation of the principles or Iarty primaries above set forth, and hat the present law was meant to orrect, as far as possible, thst evil.
 With these facts before Us, let us onsiGer the laws governing resistra- ion.
 The county recorders of the various Ounties are, of course. the resistra- ion officers thereof. and they alone an cancel an entry made.
 It is admitted that the only cause or cancellation expressly stated by UT law are found in Paragraph 2S97, 'ivil Code. 1913. It is also admitted ,y plaintiff that the only cause in that paragraph which could be considered O apply in this action is as follows: (5) upon the production Of a certified opy of a judgment directing the can citation to be made" The only way in which a judgment irecting the cancellation of an entry an be obtained, i5 found in ParagrcpA }99 Civil Code 1913, Upon demand rst being made in writing therefor, nd his refusal to do SO. then any per on may proceed by action in the .uperior Court to compel the recorder cancel any entry on the register Illegally, or that ought 10 be cancelled y reason Of facts that have occurred ubsoVlcnIy to tue time Ci such ntry. u is contended by plaintiff that his hange of party amliation is one of ne facts set forth in the underlined or.ioB of the statute. just quoted. nd for that reason he is entitled to is judgment. It may be conceded that there are ew. if any, direct precedents or the oint in question. l know of no state aving precisely our statute. eicher o1 =sistTation or primaries, and the ase must therefore be decided on sason and analogy.
 Paragraph 2S97. supra, gives seven easons why the recorder shall cancel ne entry. The first four reasons are Ie removal, death. insanity or con- iction of felony of the eiector. The ixth and seventh reasons are differ nt forms of the others. The remain lg one is the production of ihe cc-ti- ed copy of the judgment above re- erred to. Paragraph 2S99, supra, requires as condition precedent to an action Gch as this, written demand to the ounty recorder for cancellation, and
 refusal on his part It is apparent that the recorder has O right under the statute to cancel, pr the reason given in this case, in ne absence of a judgment of the 1urt. Why then require of the voter
 written demand which he knows uder the law must be refused? IL not to ba presumed the law wouic .equire an absurdity.
 Further, the consideration asked by le plaiuun would leave the reason [ cancellation discretionary wi-h the curt. and not governed by law. Sup ose the court vas satisfied tAat l'e laiutin had become of bad moral haracter. Morally spCaGina Eo per on of bad character should have the -anchise, but no one would contend hat such character would be a legal round Of cancellation
 A2ain. the law requires the elec,or O state his name and occupation. Can
 court arbitrarily cancel registration. ecaU-e of a change of occupation, or au unmarried woman shall change .er name by marriage after rcsistra- 1l.
 T., Ou the other hand, we co.-rue he stautc Co mean that ,he facts nat have occurred subsequent to the inc ol entry" refers to the facts set orth in the first four reasons given or the recorder to cancel the entry, -e have reasonable. logical and 0nsistent statute.
 Those reasons all involve questions facts that have occurred subse- uent to the time oI entry They are ues.iors Of fact as Co the truth of lich the recorder may well be in