The Hartford republican. (Hartford, Ky.) 18??-1926, 1922-07-07
ILLUSTRATION ACT
VOID, COURT RULES
Law Unreasonable In Its Eff
feet; Only One Dis
senting.

Frankfort. Ky, June 3O.-On the
universal principle that provision
If req stration must not d ny OF
ahridge the constitutional rights OF
suffrage or unnecessarily impede
he right of any citizen" Chief JUS
sice Rnllin Hurt of the Kentucky
Court Of Appeals Thursday afternoon
handed down an opinion holding un.
constitutional the general registra.
ion act Of 1922. requiring all vot'
srs 70 register in every precinct In
che State the second Monday and
Tuesday Of July. The court in reach
ny tAis conclusion granted an injunc-
ION 20 !. VI. Perkins, prominent local
Republican. restraining the Franklin
County Board of Election Commits
5ioners from holding the rsgistra-
-lou-
Judge Williams Rogers Clay, from
rhis district. was the only Appellate
Judge 70 differ with Chief Justice
Hurt regarding the suit which was
hacked strongly by the Republican
4ate organization. In a dissenting
opinion filed, Judge Clay contended
that lit is just as important to safe
guard the purity of the ballot as it is
Is protect the citizen in the right to
-Urte, and a law which will accom-
dish that purpose should not be
lightly set aside
Judge Hurts opinion specifically
ield the law unconstitutional be-
rause it does not provide for a spe-
.ial registration outside cities for
special elections or for a special
registration of public officers, mill
.ianen. jurors or others. whose du-
lies prevent them from registering on
IN regular registration day.
The general registration act was
passed by the General Assembly as
a party measure. Vetoed by Gov
araar Morrow, it was passed again.
Ehs Justice Hurt disposed of all
Iuestions. except those involving the
right Of suffrage, in favor of the
measure. The presiding officers OF
5he two houses signed the bill when
Z Uas first passed, but did not sign
z after the veto. Judge Hurt said
Ire constitution does not require spe-
Cisl registrations, applying as it does,
ne held, to special as well as general
saectinns.
Judge Hurt held that five classes
might be disfranchised by the act,
excepting in cities.
Litigation may follow the court
aetion, on the payment of 100000
5sr the registration books sent to the
nnuuty Clerks. An equal number of
Tfese books of which there were 49,
600. were bound by the Standard |
Printing Company, Bradley-Gilbert !
Company and C.. T. bearing Com
pary.. Louisville. Work was done
mdar supervision of the Board of
Registration Commissioners. COun-
lies were required to pay for their
own books, but it is believed that
payment may b. resisted.
y Judge Clay Dissents.
fudge Clay. dissenting, said: I'VE
are comma AIDED by a rule of one hun
In d years standing to resolve every
isubt in favor of the constitutional
" Of every act of the Legislature,
aud not TO declare any act invalid I'M
less plainly violative of the Consti-
tuition. Ones right 20 vote is OF
little value if his vote may be offset
'ir an illegal vote. Therefore, it IS
jusr as important to safeguard the
purity of the ballot as it is to protect
ihe citizen in the right to vote and
law which will accomplish that pur-
pose should not be lightly set aside
The act in question does not pro-
g!de for a gistration that will be
effective only for a short time, but
provides for a general registration
1.rst will be effective for all time, to
ne follow by annual registrations
81 an qualified voters not heretofore
registered. For the first year the
act fixes the first 3 registration days
aud for subs quent years only one
7pcisration day. II is conceded that
taree days afford the entire electo-
7ate. consisting of about 100000
ygters a reasonable opportunity for
-agiste ring. Because of the efforts
which will be made to get the voters
90 the polls, il is certain that practi-
,a'ly all the voters will be registered
be urst year, and that in subsequent
rgars when only one registration day
crowded, not over 10 per cent or
lbour 100000 voters viii be entitled
register.
Notwithstanding the fact that
..-.- 4 o.,,..u1. of ,yotg PC will no III