Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1921-07-13

session, for the registration Of persons
who had lived In the county less than
six months, or who had been absent from
the State for six months or more or other
than public business. All that was re-
uuired was filing a declaration of intent
In the county clerks office. This would
have effectually prevented those frauds
that can be prevented ny registration,
but it was not allowed to be tested, In
practice
A case was taken to the Supreme Court,
which held the law unconstitutional. Us
Ind 2S1). The case was especially inter
esting because Mitchell and Elliott, who
were the two strong men on the bench
at the time, and who usually held to-
gether, divided on this question, Nit
cheu filing a dissenting opinion, and
Elliott an elaborate separate opinion sus-
tanning the majority Of the court Nit
chel's position was that while the law
was not a compliance with the consti-
tutional requirement for registration or
all voters, 1t was salutary provision Tor
securing honest elections which was not
prohibited by the constitution; and
the Supreme Court Is justified In Its re
heated and uniform decisions that the
Legislature has plenary power over leg
islation, where not prohibited by the
constitution, his view was correct. An
effort was made by the Legislature OF
1891 TO draft a law that would stand
under Mltchelrs distinction, but II was
also held unconstitutional. ga Ind. 423')
PERMANENT REGISTER
TO AVOID NUISANCE.
There is only one other possible way
to avoid the nuisance Of repeated general
registration. and that is to have a per
manent register, and correct it from
year to year by adding new voters and
removing those who have died or moved
away This was provided by Section ?,
Article 2, Of the Marshall constitution.
but the Supreme Court interferred in the
process Of legislation by prohibiting its
submission to the People The manifest
/ truth is that the Republican leaders do
not want an effective registration law:
aud this again on account OF the negro
vote. which is VIGOROUSLY che most diff
ficult to- keep track Of. aud in which ex-
I tensive frauds are practiced There could
not be a more effective cover for extern
/ sive frauds than the provision Of the
! present Republican registration law for
/ the registration OF absentees on the GER
| tificate OF two voters OF the precinct"
There is no requirement for freeholder
witnesses. and nothing to prevent the
voters" from disappearing after they
have put 4 number Of fraudulent names
! on the register.
/ s great deal Of fraudulent voting could
! be prevented by e Legislative requirement
/ that residence" should be actual. and not
: theoretical, except where the voter is alb
sent on business of the State or OF the
! United States. The present universal
! theory is that residence is a matter Of
I intent, and that a voter resides where he
/ intends, no matter whether he lives there
4 or not. 1t is like the loyal little girl
/ who said: If my papa says anything
/ is so, II Is so, even If II amt So" The
most careful poll is no protection II the
/ voter is not to be found at the place
where he claims residence. There is no
reason worthy of notice for the con-
tinuation of this absurdity as to voters,
which applies to nothing else. How would
3 it Rtrike you II you went to collect rent
and the tenant should say: al do not