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

IOWA Rx REL. WILSON v. BURT: iHE
STATE OF Iowa Ex REL. " Mill "
WATSON. ,r,,o f,o,s,;-
tntion as applied to the legislative depart
ment of the Government is restrlclioh
and not Q grant of power: ana II II coll-
netent for the legislature to prescfipe the
qualifications of electors ana lhe tiIle'
place and manner of exercising tne eieI
live franchise. when not expressly pronio'
;tsd from so doing, or where the prohloi-
tion is not implied from some express pro-
hibtion of the Constitution. c,.;o,,
SAME. ARTICLE CONSTRUED. Sectloh
Article of the Constitution OF 1891, ue-
fines only the qualifications OF AN eiec.or'
nnS does not prescribe the place OF eXer-
Using the elective franchise as test OF
qualification The power to fix the Piace
and manner OF its exercise is ieft Win LIE
Legislature. r.ro,,isions
Of an act approved September IT'D. to9-,
entitled IAN act TO amend Title o. lne
Revision OF 1850, SO as 10 enable lhe guaL.
fled electors of the State in the mia.
sarvice TO vote at certain elections, are nov
inconsistent with Section ], Artlcle Va ~
Constitution OF 1857, for the reason no
they permit such electors 10 cas- n 1s,
vntee 81 polls opened and con0uc'ei pe-
rnnS he limits of the county and The
Statn Of which they claim TO be fssIoehts.
CoSsTITuTf0NAL LAW: CINEMA
p,IIr The Supreme Court VIII declare a
law unconstitutional only when u Is Gear
Nv. palpablv and plainly incohsiste!.' "-'i'
the provisions OF that instrument.
ns,,;c, CNurl. the second and thru from
Clay.on District court. -, :,
Snrynrer was declared by the Board @!
Canyassers daily elected to the ONCE OF
f,IarE Of The District Court Of Iowa Coln-
tv at the October election, leG2. the
Hons James Burt and George watson
wore also in like manner declared elee'ed
m the offices of District Judge and Attor-
new in ard FOX the Ninth judicial OIStflc',
Mt the same election. Morrison, ana lbe
Realtors We're the respective OPPOSITE Can, !.
litiates. and instituted these proceedings 70
test the right OF the several lncumDenls -
said offices. The first case was commenced
under Oh. 81 Of the Revision, when fela1es
to "Contesting Elections The two olheiS
were "Inior,n2tons" in the inetaoo pro-
vded for in On. 81 OF .lie NJ,
The hearings below, the first case was oe,i
ded in favor OF the contestant. IN sne ON
ers. the incumben;s We're successful. As
they all involve the same question, 'ney
will be found considered togelNef N he
opinion.
Mcrtta d 1Nuphy, wilson O -Ne" q
Kfii9Rt for Contestants. >, ,
FuraU 4. Boat, Burt d Lyon, i-'SSeSt q
iShigGs for Incumbents.
WDiGuT. jim the second and lE!rd
case it is claimed by the appellees and II,
cumbents, that the proceedings Shon!u
hava been Instituted under en-. 81 o. t44e re
vision. and that rs that chapter prescrIheS
the OF " method for contesting ELECTIONS IL
this STATE. the information should nave
been dismissed. Appellants on Inc o'hei
hand claim that the offices OF Dlstr!ct = uuSt
and Attorney are excepted from the prov
sions Of the chapter, or, ii not, lha' .tles
have q right TO pursue either reInedy-iha
is. TO be heard before the tribuna! 10 oe or
caniZed under said chapter, or by lntorua
zion fled under CHI. l5l. II it shall be &c
termined that the incumbents are enil'Ie'
to the offices. the examination OF the Qnes
ton here made, will become unnecessary
1t is. therefore, passed for the present, ina
we NAV consider the .other and cardina
unastion-one tha. arises in all the cases
And this involves an inquiry ln-o tne cor!
stitutionalitv of the act of the General AS
semblv of this state, approved oepIei1 pe
IL, 1862, entitled IAN act 10 amend I'VE
oftbe Revision Of 1869, so as to enable In
uualifed electors Of this State in the mliI
tary service 10 vote at certain elections.
By this act j. is declared that every whit
male citizen of the United States OF IN
age Of twenty-one years, VINO shall NAY
been a resident of this State SIX monsh
and of some county therein for G0days neA
preceding his enlisting in the military Sc,
vice OF this State or OF the United State
shall be entitled to vote at the elections al
,horized by law. as provided therein, wh.
Their at the time of voting he shaIl pe WIZ
the limits of this State or not. II IS as
nroyided that q Commissioner shall be al
nointed. 10 each Regiment Of Iowa Nolul
teers for the purpose OF carrying ouI sN
Act. Such Commissioners are 10 be s"oF
and are required to deliver poll books az
comics of the law to commanding othceI
and 10 make suitable provision and q
rangelnent for opening the polls AND Co
1ucfino, the election, A poll is TO be ope
ed at every place, whether within or WI
out the State, where regiment, na'sailo
battery, or company. OF Iowa soldiers ln'
he found or stationed, at which al! perso
nav vote who are thereto entitled by la
and the provisions of said act-sald Vosll
to take place on the day fixed for hoidll
the general election, to wit: the secol
Tuesday in October in each year. Fro'
sion is made that every regiment ana COY
papy on detached service shall have l
oppor,nnity of voting. The electors pi
sent are authorized and required to choc
from their number three judges OF electlc
and these Judges appoint the clerks. ia
of these officers are required to be swol
In addition to these PROVISIONS, IN CONF
tion with the act amended (Which is dee
red applicable, the duties of the officers
elections-the method of making the
tn+ns-the right TO administer oaths
electors the penalty for false swearing
illegal voting-for a violation OF duty
the part OF the Commissionss! .:, ~ ~
matters 10 make the Act effective ana u;
it properly executed, are clearly, fully
distinctly pointed out.
1t is claimed by the contestants that .
act is in conflict with l, art. OF the ~
constitution, which reads as follows:
EVERY white male citizen OF the UNI
: States, OF the age of twenty one years, "
shall have been a resident Of this State
months next proceeding the election,
of the county in which he claims ms y
Sixty days, shall be entitled to vote at
elections. which are now, or may be,
thorized by law
Other States have passed, or proposed
pass, Acts having in view the same OBJ
as the one under consideration. Some
these are referred to by Counsel, and {
VIC have been examined by us, and it
he our first business to see how far they
sist the solution of the questions invol,
The Constitution of Connecticut
vides that the place of holding electi'
II 80