Evening journal., 1922-03-11

the constitution Is the source from
which tho phrase "qualifed voters"
IS TO derive its meaning. Before re-
ferring 10 the provisions OF the
constitution OF this State which deal
with the subjects OF qualifications
OF voters and their registration. ii
Is pertinent first TO notice the com
mon sense distinction between the
two concepts OF registration and
qualification OF a voter The dis
tinction has been noted and ex-
pressed In that class OF cases where
the constitution OF State has un-
dertaken to define the qualifications
of voters. without providing for
their registration. and the legisia-
ture Of such state has later enacted
a general registration law. and the
contention has then arisen that the
legislature. in the enactment OF such
registration law. has thereby as
sumed 10 add 20 the qualifications
OF the voters and thus attempted an
unconstitutional exercise OF author
ity. In cases OF this sort. courts
have been led TO consider the fun
damental difference between qualifi-
cation and registration Of a voter
and have held that the latter Is In
no sense embraced within the for
mer. The following cases. cited on
the brief OF the complainant. are OF
ihis kind: Cusick's Election. 1876
Pa. 459: People. ex rel v. Hon-
man. ct al, 116 III. 587: Capen v.
Foster. - Pick ass: In re Con-
tested Election Of McDonough, los
Pa. ass. when we speak Of the
qualifications Of a voter. we mean
90 refer TO those things which must
exist as going TO make OF him a
voter as comforting on him the alb
solute right 20 be placed among the
class OF persons which the law Gre
ates and calls voters. Registration.
however, means an entirely different
thing. II rather refers to the dea
o evidencing the existence OF the
things which constitute a voter. a
recording OF the fact that the indi-
vidual in question possesses the
designated qualifications OF a voter
OF course. II the constitution in its
definition of a qualified voter. spe-
cifically designates registration as
one OF the qualifications. then by ar
J. bitrary definition. registration be-
comes a qualification. This appears
TO be the case in South Carolina,
where. under Par. 4, Article II. Of
the constitution of that State, reg
istration and certificate thereof
are specifically enumerated as
among the qualifications. The case
OF McLaurin Y. Tatum. Supreme
Court OF South Carolina. 81 s. f.
800. cited by complainant as near
est in point TO the pending case. is,
therefore. not in conflict with the
views as TO the natural meaning OF
the terms just expressed.
When adjudicated cases are con
suited for definitions OF the
phrases qualified voters" and
registered voters" attentive re-
gard must be paid TO the oonstitu-
ton and laws OF the particular jur-
isdiction In which each case arises
lest some peculiarity OF language in
one jurisdiction. not found in an
other. will escape attention and, by
reason Of its effect. give TO the cited
case an erroneous application. Tn,
language OF our own constitution q
so clear and unmistakable in ~
meaning, that I do not deem It wortl
while. as an aid in ascertaining IL
TO undertake a review and analyst
Of cases cited from other jurisdic
tions where the two phrases havl
been defined under the constitu-
tional and statutory provision
found in those jurisdictions.
Saction I. Article V. OF the Consti
tuition Of this State. prescribes the
time when the general election
shall be held. Section . Of the same
Article provides. as follows:
Section 2. Every male citizen o
this State of the age OF twenty-on'
years. who shall have been a resi-
dent thereof one year next precdinl
an election. and for the last three
months a resident OF the county
and for the last thirty days a resi-
dent Of the hundred or election dis
trict in which he may offer TO vote
and in which he shall have beei
duly registered as hereinafter pro
vided for. shall be entitled to vot
az such election in the hundred o
election district OF which he shall
al the time. be a resident, and II
which he shall be registered. for al
officers that now are or hereafte
may be elected by the people ant
upon all questions which may b.
submitted TO the vote Of the peo
pie. ."
The section makes no mentor
: of the terms qualified voters" o
qualified to vote" The expression
is. shall be entitled TO vote Thu
far. Il would appear. that no one
entitled" TO vote unless he be fir.
!, registered. The elections to whic
the section Is made applicable ar
, where others are to be elected b
/, the people and where any questio
, is to be submitted to the peopl
q Whether the elections referred {
! are to be in any wise restricted
elections specifically contemplate
, by the constitution. shall No
pause to consider. In passing. how
ever, il may be observed that II IN
D | elections referred to are not RI
4 | stricted in character. In other word
2 IL they embrace all sorts OF eleS
o. tions held in the State, includin
p school elections. then Il Is veI
= doubtful IL there have been man
q school elections constitutional
. held in this state during the la
1 quarter OF a century, by reason
: the fact that the law governir
e school elections has allowed a ella
{ of voters TO vote thereat who ha'
Il not until recently possessed u
g constitutional qualifications TO vot
2 viz. women who pay school take