The Elk County advocate. [volume] (Ridgway, Pa.) 1868-1883, 1873-09-18

otherwise qualified to vote at any cleo
tion by the people Of any State, Terri
tory, district, city, county, parish, town
ship, school district, municipality, or
other territorial subvision shall be en-
titled and allowed to vote at all such
elections, without distinction of color
race, or previous condition of servitude
any constitution, law, custom, usage, or
regulation of any State or Territory, or
by or under its authority, to the contrary,
Notwithstanding.
SECTION g And be u further en-
acted, That if, by or under the consti-
tuition or laws Of any State or the laws
OF any Territory, any act is or shall be
required to be done as prerequisite or
qualification for voting, aud by such
constitution or. laws persons or officers
are or shall be charged with the per-
formance of duties in furnishing to citi-
zens an opportunity to perform such
prerequisites, or to become qualified to
vote it shall be the duty of every such
person and officers to give all citizens of
the United States, the same and equal
opportunity to perform such prerequisite
and to become qualified to vote without
distiction of race, color or previous con-
dition of serviture; and if any such per-
sons or officers shall refuse or knowingly
omit to give full effect to this section,
he shall for every such offence, forfeit
and pay the sum of five hundred dollars,
to the persons agrieved thereby. to be
recovered by an action Oh the case, with
full costs and such allowance for coun-
sci fees as the court shall deem just, and
shall also for every such offence be
deemed guilty Of misdemeanor, and
shall on conviction thereof be fined not
less than five hundred dollars or to be
imprisoned not less than one month and
not more than one year, or both, at the
discretion of the court.
And ,ohereas, 1t is declared by the
second section Of the vi article of the
Constitution of the United States, that
"This Constitution of the United States
which shall be made in pursuance
thereof, shall be the supreme law Of the
land x * 4 anything in the Con-
stitution or laaos d any State, to the con.
trary, Notwithstanding"
And ,chercas, The Legislature o!
this Commonwealth, on the 9th Of
April 1870, passed an act entitled ga
further supplement to the act relating
to elections in this Common wealth, "
the tenth section provides as follows
SECTION 10. That so much of every
act of Assembly as provides that only
white freeman shall be entitled to vote
or be registered as voters, or as claim
ing to vote at any general or special
election of this Commonwealth, be and
the same is hereby repeale ed, and that
hereafter all freeman without distinct
tion Of color, shall be enrolled and regis
tered according to the provisions of the
first section OF the act approved the
II Of April 1869, entitled IAN act fur.
ther supplemental to an act relative
to the elections of this Commonwealth
and shall when otherwise qualified
under existing laws, be entitled to vot'
at all general and special elections in thi
| Commonwealth.
No person shall be permitted to vot'
whose name is not contained on the lis
Of taxable inhabitants furnished by tn,
Commissioners, unless be first produce
a receipt for the payment within tw'
years, OF State or County tax, assessed
agreeably to the Constitution, and give
satisfactory evidence either on his Owl
oath or affirmation Of another tha
he has paid such tax, Or on failure t.
produce such receipt shall make oatl
OF the payment thereof; If he claims II
vote by being an elector between tn
ages of twenty-one and twenty-five
yeare he shall depose on oath or athma
ton that he has resided in the Sta.'
at least one year before his application
and make proof of his residence within
his district as required by the act, an(
that he does verlally believe from ac
counts given him, that he is Of the ag'
aforesaid and give such other evidence
as is required by the act whercupon tn
name OF the person SO admltted to vot'
shall be registered in the alphabetical
list by the inspector, and note mad
opposite thereto by the word TAX" il
he shall Lave been admitted to vot
by reason of having paid tax, or tn
word "age," if he shall have beel
admitted to vote by reason Of age
shall be called out to the clerks, VIII,
shall make like notes in the list kept b.
them.
La all cases where the name oil per
sons claiming to vote is found on th'
list furnished by the commissioners anC
Assessors, and his right to vote whethe
founC thereon or not, is objected to b.
any qualified citizen, it shall be the In
spectors duty 10 examine such persons
on oath as to his quail ,hcations, and II h'
claims to have resided within the STATE
Tor one year or more, his oath shall no
be sufficient proof thereof, but shal
tuake proof thereof, by at least one com
petent witness who shall be a qualified
elector, that he has resided within th'
district, for the purpose of voting
therein.
Every person qualified as aforesaid
and who shall make the due proof, Il
qualified, of his residence and pay
ment OF taxes aforesaid, in the town