There was no error in the action of the cir- | ary shown to be due by the corporation will be cuit judge, and bis judgment in favor of the affirmed against the stockholders sued herein, plaintiff for the full amount of the wages or sal-with interest and costs.

MICHIGAN SUPREME COURT.

3. A constitutional provision which requires a residence in the town or ward of ten days only as a condition of voting is 9. Portions of an Act being declared

Sce also 17 L. R. A. 845; 36 L. R. A. 129.

The case is fully stated in the opinion. Messrs. Edwin F. Conely and William P. Wells, with Mr. Stephen V. R. Trowbridge, Atty-Gen., for relator.

Mr. Fred A. Baker, with Mr. John W. McGrath, City Atty., for respondent.

Morse, J., delivered the opinion of the court:

manner now by iaw provided for the selection of such inspectors in said City, so act as a Board of Registration for such precinct, and such board shall elect one of its number as chairman. Section 3 constitutes these boards of registration election inspectors, and, in case of the unavoidable absence at any time of any member of the board, the remaining members may temporarily appoint another person to act in his stead until he appears. The remaining twenty-three sections of the Act relate to the manner and effect of the registration of voters, some of which sections will be noticed here

The Common Council of the City of Detroit, in answer to the order to show cause why the writ of mandamus should not issue to compel them to obey this law, say: "(1) That a compliance with the law would create in all 129

At the last session of the Legislature an Act was passed, entitled "An Act to Preserve the Purity of Elections, and Guard against Abuses of the Elective Franchise, in the City of Detroit." This Act was approved by the gover-after. nor July 1, 1889, upon which day it took effect and became operative. Local Acts 1889, p. 994. The relator, in his petition, sets forth that the Common Council of the City of Detroit has neglected and failed to comply with the law, and still fails and neglects to do so, al-voting districts. The expense of such comthough well aware that the necessity of such pliance for the approaching municipal election compliance is reasonable and urgent; and that would be over $23,000, and probably $25,000. he believes that said Common Council intends That the amount to be raised for this purpose to ignore the Act entirely, and that such body upon the assessment and levy for taxes this intends to hold the city election to take place year is but $6,000. The Act was passed after in November, 1889, under the Registration and such assessment and levy, and makes no proElection Laws in force before the passage of vision for the expense attending and necessary this Act, the same in every respect as if no to its execution. There is no money in the such Act had been passed. The Attorney contingent fund of the City, and such expense General therefore asks that this court issue a can lawfully be paid from no other fund. (2) peremptory mandamus to compel said Com- There are at least 35,000 voters in the City of mon Council to re-subdivide into election pre- Detroit, of whom there are at least 5,000 foreigncints or districts, containing each not more born electors, who have taken out their naturalithan 300 electors resident therein, such wards zation papers, or declared their intention to beof the City of Detroit as may require it, under come citizens, without the State of Michigan. this Act, and to provide suitable and proper That large numbers of persons so naturalized in means for the registration of electors upon such other States have voted, from year to year, from subdivision or rearrangement as the circum-five to forty years, within the City of Detroit, stances may require.

and their citizenship has been open and notoriThe relator, from the records in the city ous, and their qualifications as electors conclerk's office, makes a showing of the number ceded. That many of them have not now their of votes cast in each election district now ex-citizenship papers, but the same have been lost isting in said City, sixty-one in number, at the or destroyed. In many instances it would be November election in 1888. This showing, impossible to procure certified copies of the under the Act, would necessitate the creation same, or any record evidence of their issue; of 68 additional precincts, making a total of but said electors are able to procure abundant 129. Section 1 of the Act provides "that, as evidence of the exercise of the rights of citizensoon as possible after this Act shall take effect, ship, and of electors. That under laws herethe Common Council of the City of Detroit tofore existing these men have been able to shall by ordinance, if it shall appear that at the produce sufficient evidence of their rights as election held in November, 1888, or at the elec- electors, but that the Act under consideration tion held in April, 189, more than 500 votes here practically disfranchises these, at least were cast in any election precinct, again divide | 15,000, people, who are in fact and in law the ward or wards in which such precinct or pre-qualified voters in said City. (3) That this law cincts may be, and establish new election pre- will also disfranchise a large number of eleccincts or districts therein, if necessary, or rear-tors, residents of Detroit, who do business outrange the same so that each precinct shall contain, as near as may be, an equal number of electors, no precinct to contain more than 300 electors resident therein; and as often as it shall appear, after any election thereafter held, that more than 600 votes had been cast in any election precinct, said precinct shall, within six months ⚫ after said election, again be subdivided, or the precincts of the entire ward be rearranged and divided, so that each precinct shall contain 300 electors, as near as may be, resident therein." And section 2 provides that for the registration, as provided by the Act, to be held in 1889, the inspectors of election selected at the last election shall act, and hereafter four persons for each election precinct, respectively, residents and electors therein, shall be selected in the

side of and away from said City, as such per-
sons will necessarily be absent from the City
during the days fixed by this Act for registra-
tion. (4) It will also disfranchise those per-
sons who from sickness are unable to appear
before the boards of registration on such days.
(5) It will disfranchise those moving from one
ward to another after the last day of registration,
who are electors under the Constitution and
general laws of the State as to qualifications of
voters. (6) That there are at present five duly
elected election inspectors in each of the pres-
ent sixty-one election precincts. That for
these reasons, and for other good and sub-
stantial reasons appearing upon the face of the
law, the Act is inoperative, burdensome, un-
reasonable, unconstitutional and void.”

Upon hearing and argument of this matter | electors of such precinct for want of registra upon petition and answer, we, on the 11th day tion. People v. Kopplekom, 16 Mich. 342. of October, 1889, denied the application for the writ. The reasons for so doing will now be stated.

The first objection, as to expense, we did not consider, as it could not be alleged as a suffi cient reason for not obeying a valid law.

There is no provision in this Act providing for any such event, and, having repealed all other Registration Laws in the City of Detroit, there are no existing statutes to aid or remedy the difficulty.

But, in my view, the Law is unreasonable and void in that it undertakes to disfranchise a large number of voters through no fault of their own, and to make an unjust and unlaw ful distinction between the rights of nativeborn and naturalized citizens and electors. The Constitution authorizes the Legislature to enact laws "to preserve the purity of election, and guard against abuses of the elective franchise;" but this does not authorize, by direction or indirection, the disfranchisement, without his own fault or negligence, of any elector under the Constitution. Article 7, § 6.

But a serious difficulty arises in the outset, as to the operation of this law. If we were concerned only with the question of dividing the wards of the City into election districts containing not more than 300 electors,-certainly a desirable thing,-there could be no hesitation in granting the writ; but the object of this Law is not simply to create voting districts when the electors shall not exceed this number, but it is a scheme for a new system of registration, and requiring that all persons not complying with the rules and regulations of such registration shall not be permitted to The Constitution provides that in all elecvote under any circumstances whatever, under tions every male citizen, every male inhabitant heavy penalties. The machinery for the ap- residing in this State on the 24th day of June, proaching municipal election is not provided 1835, every male inhabitant residing in the by the Law, except as it undertakes to provide State on the first day of January, 1850, who the same from the law now in force, and which has declared his intention to become a citizen it undertakes to repeal. By this neglect to of the United States, pursuant to the laws provide for this emergency, we think the Act thereof, six months preceding an election, or is inoperative. There are now 61 election dis- who has resided in the State two years and six tricts, with five inspectors in each, making in months, and declared his intention as aforesaid, all 305 inspectors. Under this Act there must and every civilized male inhabitant of Indian be 129 districts. Under section 1 of the Act, descent, a native of the United States, and not by the statement of votes cast in November, a member of any tribe, shall be an elector, and 1888, found in relator's petition, there are but entitled to vote; but no citizen or inhabitant three wards-the Fourteenth, Fifteenth and shall be an elector, or entitled to vote at any Sixteenth-that will be undisturbed. In the election, unless he shall be above the age of other thirteen wards there are precincts in each twenty-one years, and has resided in this State that cast over 500 votes. These wards must three months, and in the township or ward in be rearranged and subdivided, and 120 districts which he offers to vote ten days, next precedcreated, in all, therein. There are three pre-ing such election." There is also a provision cincts each in the remaining wards. An in spector cannot act out of his own precinct; and consequently forty-five of those now in office will remain in these three wards, as before. But of the remaining 260 inspectors who are to act in the 120 districts to be created, none of them can act out of the wards or precincts in which they live. As far as their duties as inspectors of election are concerned, there would be no trouble, as the people at the opening of the polls would have an undoubted right to fill all vacancies by election on the spot, or to create an entire new board, if there were no inspectors left in such precinct by the new division and arrangement of the ward. But it is different with such inspectors acting as a board of registration before election day. The authority to fill vacancies, or to create an entire new board of registration, must be found in the laws. There is no inherent right in the people to do it. This Law makes no provision for filling any vacancies in the inspectors acting under the present law. There are but 260 inspectors for 120 districts,--a fraction over two for each. It must necessarily happen that in the new subdivision of these wards some precincts will have more than their proportion residing within their limits, and some less, and some will have none. If any precinct should, in such division, be left without any inspectors residing within it, the inevitable result, under this Act, would be the disfranchisement of the

as to electors in the army or navy, not necessary to be here recited. Article 7, § 1.

By this section of the Constitution it will be noticed that there are five distinct classes of persons who are made electors, and the only qualification to any of these classes is that the elector shall be of age, and have resided in the State three months, and in the township or ward where he offers to vote ten days, next preceding the election. It cannot be for a moment contended that by section 6 of article 7 the framers of the Constitution intended to give the Legislature the power to arbitrarily disfranchise any elector who is such under section 1 of the same article, or to make any dif ference between the rights of any of the classes of electors therein specified, or to put obstacles in the way to the ballot-box for one class, while the road is left open to another. The laws to regulate elections, and to preserve their purity, and to guard against abuses of the elective franchise, must be reasonable, uniform and impartial, and must be calculated to facilitate and secure, rather than to subvert and impede, the exercise of the right to vote. Capen v. Foster, 12 Pick 488. Let us examine the Act before us. See Local Laws 1889, p. 994. The plan of registration under this Law is exten sive and minute in its details. In this discussion we shall only concern ourselves with its general features and results. It provides that in the year 1889, and again in 1892, and every

rectly, as a mere exercise of the legislative will. And no one will contend that the Legislature could prescribe by statute that a resident of the City of Detroit must reside in a precinct twelve days, sixteen days or a month, before his ballot could be legally taken on election day, in the face of the Constitution, which provides that he need reside therein but ten days.

fourth year thereafter,-striking, by design or accident, a presidential election year,-there shall be a new and complete general registration of voters in the City of Detro t. And it is made the duty of every elector to see that his name is registered in compliance with the requirements of the Law; and he shall not be deemed to have acquired a legal residence in the precinct unless he has so caused himself to But more unreasonable yet is this Act in that be registered; "nor shall any ballot be received it contains no provision by which a person who by the inspectors at any election, under any is sick or absent on the days of registration can pretense whatever, unless the name of the per- vote on election day. It may be said, with son offering such ballot shall have been entered some show of reason, perhaps, that a person in the register of the precinct in which he who is absent on the registration days is himclaims to vote as herein provided." Sections self in fault, in not returning to his home, and 3 and 4. The elector must personally apply to complying with the regulations which the Legthe board for registration, and such board islature have a right to prescribe; but the man "shall examine each applicant." Persons who who is ill, and unable to attend the meetings will be of age on election days, having the of the board, but who is able to be out on the other qualifications of electors, may be entered day of election, is deprived of his ballot, and on the register. "Every applicant, in the years for no good reason, that I can see. And neither when a general new registration is required, do I think there is any necessity of disfranchiswho has commenced to reside in such precinct, ing a large number of business men, who will and who has resided therein at least two days,' be disfranchised unless they drop important if he be otherwise qualified, shall be entered business, and travel many miles to be registered on the register, and can vote on election day, some seven or more days before election. There if he has resided therein ten full days next preare, under this law, but five days in the whole ceding. Section 7. The meeting of these boards of registration for 1889, and for 1892, and every four years thereafter, is first to be held on the first Monday of October, at which time the board sits for four days, and also again one day, on the fourth Monday of October.

year that an elector can cause his name to be placed on the registry list; and this, uumistakably, by the provisions of the Act, he must do personally.

The language of the Supreme Court of Ohio, in speaking of a similar statute of that State, which was by that court unanimously declared unconstitutional, seems very appropriate here: "It will be seen by the above there are but seven [five] days in the year when voters can

The law makes no provision for any other registration in the years of this new or general registration. In this year the fourth Monday of October came on the 28th, and the city elec-register. There is no provision for registion on the 5th of November, there being seven tering at pleasure during the earlier part of the days between the last day of registration and year, and no provision for proving his qualifielection day; but whenever the month of Oc-cations on election day, and voting." And it tober begins on Sunday, Monday or Saturday, more than ten days will ensue between the last day of registration and the day of election; and, as the Act requires that the elector must have actually resided in the precinct two days before his name can be entered on the registry book, this Act, in the years of general registration, will disfranchise every voter who has not resided in his ward nineteen or more days, in the precinct, before election day, whenever the month of October begins on either one of these three days. For instance, in 1888, October began on Monday. The fourth Monday was the 22d. The general election day was November 6, leaving fourteen full days between the last day of registration and election; and, adding the two days, every elector not residing within the precinct for sixteen full days before the day of election, under this Act, would have been deprived of his vote. This would be in direct conflict with the Constitution, which makes him an elector upon a residence of ten days. No such requirement as this is reasonable. There is no good reason why the boards of registration cannot sit within the ten days before election, and thereby preserve to each elector his constitutional right. Nor is this all. If the Legislature can make the residence twelve or sixteen days, it can make it a month, three months, or one year. This, in my opinion, cannot be done indirectly, under the guise of regulation, any more than it can be done di

is declared that "no vo'e shall be received at any election aforesaid unless the name of the person offering to vote be on the registry.' etc. A voter who is the oldest inhabitant of the ward, and an elector in it for the greater part of his lifetime, cannot vote if from absence, however necessary or unintentional, during the seven days, his name is not on the registry. Many absentees may get home to vote, and, if they were afforded opportunities during the year, might also register, whose right of suffrage must necessarily be lost under the Act. How many mechanics may be absent, pursuing their trades, during the seven days? A large number of persons will be away on steamboat and other sailing craft, and elsewhere, earning a support. A large number of stu dents, a great many of the class usually termed commercial travelers,' will be away, perhaps planning their trips to be home on election day. A large number of citizens in government employ, at Washington and elsewhere, will be at their posts of duty, and may return to vote, but would hardly have the opportunity to return on a different day to register. Even the members of this court might be unable to register, without a decided detriment to the public business, and might be compelled to elect between the neglect of important official duties and the loss of suffrage." Daggett v. Hudson, 43 Ohio St. 548, 1 West. Rep. 789.

There is no State in the Union that has ever

sustained a law like this, except Illinois. All of the Registration Laws that have been upheld by the courts of other States have contained some provision by which a sick or absent voter might not necessarily be disfranchised, excepting the Law of 1885 in Illinois. See People v. Hoffman, 116 Ill. 587, 3 West. Rep. 522.

In Massachusetts the board must be in session one hour on the day of election. Capen v. Foster, 12 Pick. 485.

the law makes no provision for an after registry by sick electors.

In Wisconsin a Registry Law providing that no vote should be received at any general elec tion unless the name of the person offering to vote be on the registry as completed by the board, except in the case of a person becoming a qualified voter of the election district after the last day for the completion of the registry, who might vote on making certain specified In Iowa an elector unregistered, but other-proof of that fact, was held unconstitutional wise qualified, is permitted to vote upon show-because it gave no opportunity for sick and ing a proper reason for not having registered in absent persons to register and vote after the time, and furnishing the affidavit of a regis-completion of the registry lists. Dells v. Kentered voter to his proper residence. Ed- nedy, 49 Wis. 555. monds v. Banbury, 28 Iowa, 267.

The Election Law of Kansas provides that the registry small close ten days before election, but permits the voter to register at all times during the year, except on these last ten days. State v. Butts, 31 Kan. 537. See also Rev. Stat. Me. 95; Rev. N. J. p. 364, § 152; Supp. Code Md. 240 et seq.; Code Ala. p. 230, § 233; Dig. Laws Ark. 1874, p. 471, § 2328.

In Mississippi registration is required; and the registration lists are to be kept by the clerk of the circuit court, "and any person not on the lists may appear at any time before the clerk and be registered."

Under this Act, as shown by Taylor, J., in a dissenting opinion at page 569, 49 Wis., the sick or absent person, being advised of the days of registration, could send his application by writing. But in the Act before us this cannot be done. The Registry Law of Pennsylvania permits an unregistered voter to prove his qualifications and vote on election day. Re Election of McDonough, 105 Pa. 490.

In Connecticut (see Hyde v. Brush, 34 Conn. 454), it appears from the opinion filed in that case that the registry lists must be closed on Wednesday of the week preceding the election, which would be from four to five days; but it In Kentucky a clause in a Registration Law is not stated what the opportunities are for applying only to the City of Louisville, which registering before that time. In our own State provided that the elector must reside in the the provision as to sick and absent voters is city one year preceding the election, was held well known; and so far no great abuse to the void because the Constitution required but six-elective franchise has been developed from the ty days' residence in a precinct, and one year in Jefferson County. The balance of the law was sustained, but registration was permitted by the Act within the last three days preceding the election. Com. v. McClelland, 83 Ky. 686. The Registry Act of Missouri requires the registration of voters to be completed ten days before the election, but this is also a constitutional requirement.

exercise of the privilege therein granted, of registering on election day. How. Stat. § 93.

The object of a Registry Law, or of any law to preserve the purity of the ballot-box, and to guard against abuses of the elective franchise, is not to prevent any qualified elector from voting, or to unnecessarily binder or impair his privilege. It is for the purpose of preventing fraudulent voting. In order to prevent fraud at the ballot-box, it is proper and legal that all needful rules and regulations be made to that end; but it is not necessary that such rules and regulations shall be so unreasonable and restrictive as to exclude a large number of legal vot ers from exercising their franchise. Nor can the Legislature, in attempting ostensibly to prevent fraud, disfranchise legal voters withIn New York, as to cities, under the Law of out their own fault or negligence. The power 1865, the board of registration met on Monday of the Legislature in such cases is limited to before election, which is the day before; and laws regulating the enjoyment of the right, by under the Amendment of 1872 the registry is facilitating its lawful exercise and by prevent completed on the Saturday night before elec-ing its abuse. The right to vote must not be tion. The question of its constitutionality has not been raised.

In California the elector may have his name entered on the list at any time before the poll of the election is opened; but, if he does not do this thirty days before election, he must show a good reason why he did not procure the enrollment of his name previous to said thirty days. People v. Laine, 33 Cal. 55; Webster v. Byrnes, 34 Cal. 273.

In Byler v. Asher, 47 Ill. 101, it was held that the Registry Law of Illinois was valid; but under that Act the non-registered voter was allowed to vote on making proof, in the manner prescribed in the Statute, of his right to vote, without showing any excuse for not registering.

In People v. Hoffman, 116 Ill. 587, 3 West. Rep. 522, a law was sustained which provided for the close of registration on the third Tuesday before election; but, under the Constitution of that State, a man must reside in the voting precinct thirty days before election. Nothing is said in the opinion as to persons absent or sick upon the days of registration, but

impaired by the regulation. It must be regulation, not destruction. Page v. Allen, 58 Pa. 338; Dells v. Kennedy, 49 Wis. 555; Edmonds v. Banbury, 28 Iowa, 267; Monroe v. Collins, 17 Ohio St. 666, 685; Daggett v. Hud son, 43 Ohio St. 548, 1 West. Rep. 769; State v. Baker, 38 Wis. 71; State v. Butts, 31 Kan. 554.

These authorities all tend in one direction. They hold that the Legislature has the right to reasonably regulate the right of suffrage, as to the manner and time and place of voting, and to provide all necessary and reasonable rules to establish and ascertain by proper proof the right to vote of any person offering his ballot, but has no power to restrain or abridge the right, or unnecessarily to impede its free exer