The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1863-12-19

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only clearly warranted by the Constitution,
but by the common law principle that in all
public elections, every vote must be per-
sonally given-a principle which under
our form Of government is not only well
recognized but of vital practical import
aDce.
l3l declares that: "All persons residing
mon the Indian lands within any county
nj the State qualified to exercise the right
of suffrage under this Constitution, shall
be entitled to vote at the polls, which may
| be held nearest their residence for state,
| United States, or County officers; provided
that no person shat Uote for county officers
out Of the county In which he resides" I'm
| der this it has been held that the prorisO
| did not mean to prohibit the voter from
being allowed to cast his ballot outside Of
the county in which he resided, bat to pro-
bbit him from voting for officers OF coun-
ty in which he did not reside. See State
ex rel Chandler VS.. Main Manuscript Op.
Sup. Court Wisconsin, March, 1863.
| in PENNSYLVANIA, the constitutional pro-
viso is that: In ailel2ctions by the citizens,
every white freeman OF the age OF twenty
one years, having resided in this State one
year, and in the election district where ne
offers to vote ten days Immediately pre-
! cedinr such election shall enjoy
the rights Of an eiector." tAnenaed Con-
stitution 2 J, Art 81 Woodward j. IN the
case Of Chase VS. Miller, Law Reg. 1872 II
what must be admitted 10 be very ape
and almost exhaustive opinion, hoios ,haI
the law allowing soldiers TO vote OUTSIDE OF
| the boundaries Of the State is IN CONNER
with this section OF the Constitution, ana Is
therefore null aud void.
!, So far as we know these are the cnfy decl-
f sionS bearing upon the question now pe
fore us. And in view OF the Consntotiohai
a provisions of these seVera! States, we haA-
!, gNy,- hkr. II.
unless it may be Pennsyivanla) are SO iaf
analogous to our own, as TO make the decl-
sion controlling as authority. In prescrlo-
ING the time place and manner OF conuuci-
. ing elections, the constitutions OF the sever
n n States differ. "In some, in the IAN
o guage Of the case above citeo from oohiie.-
! lent, ''all are prescribed with that pafllco-
9 laritv which 1orbids all action by the Leg
< stature. In others neither are prescrlpeo
but the qualification required OF the Voter
j, Is fixed, and the power to regulate Inc
: time, place, and manner committed 10 the
: LEGISLATURE Thus in Louisiana it, DE:
G claTel that: "No person shall be allowed
y TO vote at any election held in this Stat!
. except in the parish of his residence, and
in cities and towns divided into e!ecuct!oi
= precincts. in the election precinct IN which
he resides" Const. 1882, Tit. :, Art. 49,
, 10 the same effect is the Constitution Q
Kentucky. which declares that the electo!
vote in said precinct that Of his residence
!, and not elsewhere tonSi. OF 1901, Art
., 5S.)
: 4 similar provision IS contained in tn
. Constitution of Illinois. AT. u, J. IN
u Constitution Of Michigan. $50 Art. Z, Ohi'
5I) (lS51, Art. 5, . II. and California "
= Art ., . y on the other hand contain ~
. such eX press provisions, or restrictictj 9nS
: and are not so entirely unlike our own.
y These brief references 10 some OF IN
y State Constitutions but serve TO show nov
true il is that each State regulates the eAef
! Else Of the elective franchise FOR itseli-an
= That the Legislature therefore Is ieit NOR
u or less free or are more or less restrlcte
$ nv tie fundamental law. We suppose
'. 10 be a proposition which viii not be den
Al ed. that where the time, place, and mar
a. ner Of holding elections are not prescribe
. 10y the Constitution out committed 10 III
!! Legislature, the reception OF votes OUT
s precinct or county OF the electors residenc
- :, NAV be consttutionally authorized. IL
=, Expressly so held in the case above cite
ie from Connecticut and this ruling certalni
u accords with the object and purpose OF
State Constitution and the powers well III
te derstood to be possessed by the lIegislaiul
nc for the Constitution, as applied to u
se Legislative Department, is hmltallo
Is and not a grant Of power. Or, in oth'
~ words itthe Legislature is not resiricte
= If has full powes to provide who shall hay
- the right of suffrage, and prescribe II
u time. place and manner of its exercise
f, for the Legislature clearly has the po"
W. to legislate on all rightful subjects OF Iegl
~ lation, unless expressly prohibited from
- doing, or where the prohibition is lmpll'
~ from some express provision. ms lhe
w ry must never be lost sight OF by the l4egi
~ .ature. 1t is elementary, cardinal al
80. possesses frequently controlling weight
- determining the constitutional Validity
- their enactmeuts. Where the prohibits
~ is express, Of course there can be no exc
~ else Of power. So where it is necessarI
W. implied from some express provision, |
,,, law making power cannot Interfere.
ay In either event the Constitution is to
JUS taken as a clear and full mandate, and
q" Legislature, so to speak an inferior, cam
is change extend or control its meaning In
my If the Constit uton declares that a thing sh
~ ~; be done IN a particular manner or way, II
W implied necessarily that itshall not be DO
III in any other. To illustrate, ifit declares II
,he the votes of the electors shall be cast a
re- narticular place. it was not necessary
use prohibit by express words their being C.
on, II any other But if there is no such {
aoh press declaration and none fairly to be !
~ piled. il is within the power OF the Leg
81 lature to fix the place. And TINS we repe
:. a. upon the principle that the General Asse
> VI Div possesses all legislative authority
re- delegated to the General Government,
w prohibited by the Constitution. We NJ
OF OF hardly remark, to avoid misapprehensi
, on tina. this general statement of the propt
hel ton, has no reference to the rights retail
a ave- by the people rs contemplated by the
anu clause of the first article Of the Constl
~. ton, for an exposition Of which, see
. ms State e. rel Us. The County OF Wape
l3, Iowa 1888.
..s In view Of these authorities and gene
!! ho principles what constrnctionshali be 81
VINO 10 the provision under consideration?
siH observable that the constitutions Of som
ara the states, and especially the Western ST
,o .e; contain very different language from
an found in States East and South. Thus
a1- the States of Connecticut and New Hal
shire, a "town meeting" contemplated,
q 70 electors are warned to be present and
.ecs votes are to be cast there in the presene
e o. the selectmen-or, as it is expressed IN
otn, Constitution Of Massachusetts the votes
wnll ITO be given in at such meeting to t Il.
veo. South, and some Of those West, Will
pro clown meetings are provided for,
IONS, clearly and expressly declared that