Barret v. Taylor
Barret v. Taylor
Opinion of the Court
delivered the opinion of the Court.
Philip Barret applied to the registers of voters for registration. His name was entered in the duplicate registries, and sundry entries were made; but in the course of the examination he stated that he was an unnaturalized foreigner and that he was under the age of twenty-one years. Fie also stated that he would become of full age on the thiry teenth day of October, eighteen hundred and ninety-six, andj^ that he would on that day apply to the proper Court for naturalization, and that if he should be successful in his application he would present his naturalization papers to the registers in order that the necessary entries in their books might be completed. Barret was duly naturalized on the thirteenth of October, having reached his full age. On that day the registers were in session for the purpose of revising their registry. Barret exhibited to them his naturalization papers in order that he might be registered, but the registers refused tó enter his name on the lists as a legal and qualified voter. He filed a petition in the Circuit Court praying that the registry should be corrected by the entry
This case was presented to us at our last daily session before the November election. We decided it promptly; but as the matter did not admit of delay we made the necessary orders without filing an opinion in the usual form. We now proceed to state the reasons for the conclusions to which we came. When Barret appeared the second time before the registers he had all the constitutional qualifications requisite for the right of suffrage. If in consequence of the legislation on the subject he is to be prevented from the exercise of that right, the result will be most unfortunate. It would be a subject of great regret if a statute, enacted for the purpose of registering the names of persons who possess the qualifications for voting which are prescribed by the Constitution, should operate in such a manner as to exclude from the registry a qualified voter who has been guilty of no neglect or default in presenting his claim for registration. The Constitution is most express in requiring the Legislature to provide by law for the registration of all who possess the requisite qualifications. It would be most unjust to suggest that the Legislature has not faithfully endeavored to discharge this duty. Certainly we could not depart from official duty and propriety so far as to assume the possibility of such a thing. We will examine the statute and see whether its text indicates that the legislative wish has been defeated. It is the Act of 1896, chapter 202. Paragraph 4 of section sixteen is as follows : “ Only persons constitutionally qualified to vote * * * at the next election, and personally applying for registration, shall be registered as qualified voters.” When Barret applied the first time he was not qualified and therefore registration was properly refused. His name was entered on the registration books, and in the column relating to qualified voters the unfavorable judgment of the registers was recorded. In due course they met in obedience to the twenty-first section of the Act. This section enacts that
On the day when this cause was argued we decided that Barret was entitled to registration, and we ordered that his name should be entered on the lists. We now repeat in a more formal manner what we said at that time.
Reversed and remanded.
Reference
- Full Case Name
- PHILIP BARRET v. CHARLES W. TAYLOR
- Status
- Published
- Syllabus
- Elections and Voters — Right of Persons to be Registered who Become Naturalized and of Age After the First Sitting of the Registers. The Act of 1896, chap. 202, provides that persons constitutionally qualified shall be registered as voters at the September sittings of the registers. Section 21 of the Act provides that the registers shall sit in October for the purpose of revising their registry, and no new name shall then be added. In September the appellant applied to the registers, stating that he was then an unnaturalized foreigner under twenty-one years of age, but that he would come of age on October 13th following and would on that date apply for naturalization, and, if successful, present the papers to the registers. His name was entered as an applicant on the duplicate lists, but registration was refused. On October 13th the applicant being then of age, was naturalized, and on the same day presented his naturalization papers to the registers, who were in session under said section 21. Held, that he was entitled to be registered as a voter.