The Marietta journal. (Marietta, Ga.) 1918-1944, 1919-09-19
MARIETTA ELECTION is
DELAYED BY COURT
CONTINUED from page one)

| it nowhere PROVIDES WndC IHS ISSiSio-
tive intent as to what the qualitica-
tions of a qualified voter in or for said
election is or should be. The legisla-
ture failed to define or declare the
essentials of a qualified voter in said
election, and consequently it is impos-
sible to legally submit the said amend
ment for ratification;
(b) Under the provisions of the
charter of the said city no person is
entitled to vote in any election author
lied by said charter unless he is reg
istered as provided by said charter,
but there is no provision in said char
ter for this election, nor does the pro-
posed amendment make any reference
to the provisions for any registration
authorized by the charter of said city.
The amendment does not authorize
any previous registration of the voters
of said city to be used in determining
who the qualified voters of said City
are for said election, nor does said
amendment authorize or provide for a
new registration of the qualified vot-
ers of said city for said election.
Neither does said amendment provide
that the qualified voters of said city
shall be determined independently of
any registration. 1t is conceivable
that any one of number of rules or
regulations could have been enacted
for determining who the qualified
voters of said City for said election
were, but no rule or regulation hav-
ing been provided, it is impossible to
legally submit said amendment for
ratification;
(c) Said amendment provides that
said election shall be held under the
same rules and regulations that gov
ern elections in and for said City
Said rules and regulations provide a
special registration of the voters OF
said CITY for the elections authorized
bv said charter. For the regular
elections held in said City biennially
for Mayor and Council, registration
of the voters Of said City is required
The books for registration are re-
CURED to be opened on the 10Th day
of September in each year preceding
the regular election for Mayor and
Council of said City, and said regis
tration books are required to be kept
omen daily until the first day of No
vember following. The general cleo
ton for Mayor and Council is re3trlt-
ed to the voters appearing on said re-
gistration list, and it is one of the
rules of said charter that the man
ayers of said election shall plainly
mark or check each name on the re-
gistration list as the individual votes,
but there is no registration provided
or authorized anywhere for the cleo
ton to ratify said amendment. The
charter of said City provides that If
there should be a special election for
Mayor or Councilmen to fill an UNI
expired term, the registration list
used in the former election is to be
used, but this registration list is to
be supplem ented by an additional re-
gistration for as long as ten days prior
to said special election, as the Mayor
and Council may order. There is no
provision in said charter for holding
any election in said City without a
registration. There being no pro-
vision in the amendatory Act for
using any registration heretofore
made in said City, or supplementing
the same, and there being no provision
in said charter for the use of pre-
vious registrations in elections ex-
cept the two above specified, it is i'm
possible to hold said election for ra-
| LITIGATION in accordance with the pro-
visions of said amendment. and it is
not permissible to hold said election
otherwise. Petitioners refer to Sec
tions a, 5, 6, Z, s, 9 and 10 of the
.charter of said City relating to the
registration of voters and the holding
of elections in said City under said
charter, for a complete statement of
the rules and regulations governing
such matters.
Cd Said amendment provides that
all persons qualified to vote under the
rules and regulations governing cleo
lions in and for said City shall be
entitled to vote in the election pro-
vided for ratifying said amendment,
but under the provisions of the char
ter of said City no person is authori-
zed to vote in any election held in
and for said City unless he be regis
tered for such election under the pro-
visions of said Charter. Petitioners
aver that there is no provision for
any registration for said proposed
election for ratification, and therefore
there are no qualified voters in said
City to vote in said proposed election
for ratification.
(e} Petitioners show that the May
or and Council of said City have not
| indicated who may vote in said pro-
posed election as qualified voters; that
is, they have not defined who the
qualified voters are for said election,
and your petitioners and the citizens
of said City are without notice, an
nouncement or information from de-
| PENDANTS as to any rule or regula-
| - H.