Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1867-06-15

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In VIZ i.HfIai witch faf ..I|.HI .h1ll ih
fiHia fniy those ptfinr. NhI 1n 1u4iihfi
~ vote NJ delegates Nv me aoi aforesaid,
aad Who shail hare iahen rhl srlnofiiod
/ The full0WlHf oath 6f anifuri anfmaiion
/ ~ The oath The person arrly inf fuf 30.
istfaiion must sWtnf ~ aihrm W every
qualification provided iof by lhs original
act. The question which Arises here IL,
whether hny other oath eau he required n
tho persons for registration, pr any oath
/ can br administered 10 any other person or
persons touching the qualifications II tho
applicants by the Hoard Of Registration.
I The last clause N ibis first section provides
ns follows, which oath or affirmation may
/ be- administered hy any registering officer,
The oath here referred 10 is the oath 10 be
taken by the person applying for regisira-
| ton. have very carefully exam nbl all
DIVISIONS Of this act an | eau Gnd no an.
'riiy fOr ny other oath 10 he taken by
any Que touching the qualification Of the
applicant Tor registration, but only this
oath, am clearly Of opinion that any
other oath touching the qualification Of the
I applicant would be extra judicial, without
authority, aud that false swearing could
not be assigned as PERJURY On such unau-
thOrized oath, especially rs the provisions
| to the 9th section above quoted, which de-
olares what false swearing shall amount TO
| PERJURY Is expressly limited TO the oath In
these acts prescribed, In arriving nj this
conclusion have given due weight TO that
part OF the first section Of the act which
declares hat registration shall include on
| ~ those persons who are qualified to vote
for delegates by the abt aforesaid, and who
shall have taken and subscribed the follow.
| ing oath or affirmation. II We read these
words by themselves without regard TO 9TH
or provisions Of tue act, the impression is
made that two things must concur 10 au-
thoriie the registration of tho applicant:
First, that he actually possesses tho quail
ications required by the original act, and
find that he is required by this oath to
swear to every one Of these qualifications,
and that no authority is anywhere given to
enter upon any other inquiry as to his quail
ifcations and that to administer any other
oath to him, or any oath TO any other per-
/ Sun louVHiHB MS uuHiHVut'ohsi "hu thut mo
oath, and his oath alone, is punished as
perjury, il is impossible to resist the con-
clusion, thnt the oath itself is the sole
and only test of the qualification of the
applicant. When, therefore, n person ap-
plies to the board for registration, the pow
er of the board is confined to the admins
tration of the prescribed oath, snd if the
applicant takes it, his name must go upon
registry. The board cannot enter upon
the enquiry of its truth or falsiiy. That
inquiry must be reserved othe Court, which
may afterwards have jurisdiction to try him
on an indictment for perjury.
Next Us to the duties of the board after
registration is completed. They are to SUI
perintend election and make return Of votes,
and lists of voters, and of the persons elect
ed to the commanding General. 1t is next
clear from these provisions, that in super
intending these elections, the duty Of the
board is 10 receive the votes of the persons
whose names are upon the registration, and
to reject all others. No provision is made
for them to change, falsify or erase a single
name which appears on it,