Brewer v. McClelland

• Citation: 32 N.E. 299,144 Ind. 423
• Parties: BREWER, Auditor, et al. v. McCLELLAND.
• Decision Date: 25 October 1892
• Court: Indiana Supreme Court

144 Ind. 423

32 N.E. 299

BREWER, Auditor, et al.

v.McCLELLAND.¹

Supreme Court of Indiana.

Oct. 25, 1892.

Appeal from circuit court, Hendricks county; J. V. Hadley, Judge.

Suit by William R. McClelland against Urban C. Brewer, auditor of Hendricks county, and others, to enjoin the latter from drawing a certain warrant on the county treasurer. There was a demurrer to the complaint, which was overruled. Defendants appeal. Affirmed.

Cofer & Hadley and A. O. Harris, for appellants. Hogate & Clark, for appellee.

Coffey, J.

An act of the general assembly approved March 9, 1891, (Acts 1891, p. 350,) provides that any person who, having been a resident of Indiana, and a qualified voter therein at any general election, shall have absented himself from the state for a period of six months or more since last so voting, or who shall have gone into any other state or sovereignty with the intention of voting therein since last so voting, or during any absence in another state or sovereignty shall have voted therein since last so voting, and also any person who shall not have been a bona fide resident of the county in which he resides at least six months before any election, shall, before being entitled to vote at such election in this state, register in the office of the clerk of the circuit court of the county in which he resides a notice that he claims to be a legal voter in such county. Such registration shall be made at least 59 days prior to any such election, and the notice shall state such person's name, age, and place of residence, both at the time of registration and during the period of four months prior thereto. On the filing of any such notice, as provided for by the act, it is made the duty of the clerk to enter the name and residence of such elector and the date of filing of such notice in a book furnished for such purpose, to be open at all times to the inspection of the public, and to safely preserve the original notice, and deliver a certified copy of the same to the elector so registering; and, on demand of any challenger or member of election board, such elector shall be required to produce the same before being allowed to vote. Any violation of the provisions of the act is made a felony punishable by imprisonment and disfranchisement. Assuming to act under the provisions of this law, the clerk of the Hendricks circuit court purchased the blanks necessary to carry out its requirements, for the cost of which the board of commissioners of that county made an allowance. This suit was instituted by the appellee against the appellant, as the auditor of the county, to enjoin him from drawing his warrant on the county treasurer for the payment of the allowance, on the ground that the act of the general assembly above referred to violates the constitution of the state, and is therefore void. The circuit court overruled a demurrer to the complaint, and, the appellant failing and refusing to plead further, a decree was entered, forever enjoining the appellant, as auditor of the county, from drawing his warrant for the payment of such allowance.

It is assigned as error here that the circuit court erred in overruling the demurrer of the appellant to the complaint. It will be seen, therefore, that the only question before us relates to the constitutionality of the law, the main provisions of which are set out above. Section 2, art. 2, of the constitution of the state defines the qualifications of the electors of ...