, 1875-09-14
THE ALIEN MINORS OF 1s48.

l,as just reversed the decision Of tins Supreme
Court Of Illinois In tho caao Of the City Of
Bcan1stnwn r.. tho City OF Virginia. SronEY
las in this reversal not only shown TINT the
Supreme Court Of Illinois IL profoundly IT,
norant Of Inv, Int Inns knocked tho uniform
decisions Of tlo Supreme Court Of tho United
states mud thu writings OF the other SroRr
and various other legnl commentators higher
than kite, and has demonstrated TINT he
alone is competent to determine constitu-
tionnl Inv md apply it instty. Flo has writ
ten out in advance Instructions to the ST.
preno Court how to decide ns,mlocr Of
cases now pending before thatboly, and, Ind
that Court asked him in tif,e. l,o would hnvo
told them how to have decided this cnso Of
Dsardstown fs. Virginia, nnd not compelled
him to reverse their decision though bis
paper. OF coursc, tho old follow discusses
this caso with tho egatism, ignorance, and
denunciation which mark all his legal decis-
ious.
at m election held in Caas County thoro
were a number of persons who voted. who
wcro Of foreign birth, residing in Illinois
prior to March u, 1913, and who ut that time
wero under II years of age In judicial
canvass of tho votes mt TINT election (on the
removal Of the county seat) the Circuit Court
rejected these votes. Ono Of these persons,
JouN ArrLE, Jr., thus described his own case,
which WIS substantially, though not in detail,
the same MS tho others: On tho o5th of Feb.
ruary, 1874, ho was 81 years Of age; WIS born
III Germany, and elnigrated to Illinois in
July, 1877; that le went direct to Cass
County, and his father with him ho Ind
never taken ont naturalization papers; he
was told ho didn't need any, as be came hero
before 1913. His fathcr was mover naturali zcd,
that he knew of.
Tho Supreme Court Of the stato affirmed
the Judgment Of the Circuit Court, anil Do
c1ared that these men wero not voters Under
the Constitution Of the State. Tho claim of
these men to ho voters Was founded on tho
following Rtatomont Of the Inv. The Con-
stitution Of 1878 provided:
In Ill eectona all white rnaio Inhabitants above tho
aee Of Il year, having resided In tho ate ai1 months
nett preceding tho election. s2ll enjoy tho rights OF
m eector.
Under this clause it was decided judicia1ly,
somewhere about 1910, that unnaturalized
aliens, being inhabitants" otherwise quail
fed, could vote.
The Constitution Of 1873 changed thiH
rule, but, in order not to disfranchise aug
person then voter, provided
In al elections every whte male ctf'es aboys tho
nEo Of II years ahAll hu entitled 10 voso at such
election; and cvery white male ,hataHt Of the ago
afornaAid who may be rcsdent Of the Rtate at tho
NJ ~ thaH hrs.o
tho right Of voting as Aforesaid.
Tho Constitution was adopted blarcl, 6,
1913, and went into operation April i, 1913.
voters, ,-those who were white malo c,ti-
gems, and those Who wero white male inhab-
itants 81 years Of age on thb 9Th Of March,
1913. Thus the law stood until it was fur
ther changed by the Constitution Of 1870,
which provided
Every person having resided, etc., who waa
eeetor in this Slate On the Let Of April, 1e4S.
or who ahall tso malo cusau Of tbs United stAtes
u,ore tho sge Of Il years, aha b aued 10 vota at
such election.
1t in conceded TINT all of those excluded
wero Of alien birth, and had never been
ratura1ized, and were not citizens Of the
United States. They claimed that they were
alion inhabitants Of the Stato at tho time of
the adoption Of tho Constitution OF 1913;
that, rs they became Of age, they became To-
gal Voters under that Constitution that, be-
ing gvotors once, they had an indefcasible right
to vote thereafter, aud that tho Constitution Of
1870, oven II SO intended, could not deprive
them Of That right! Thoy conceded that by
going through tho for1na1ity Of application
to court they could become naturalizod
citizens Of the Unitod States but this they
have refused to do, praferring to bo allan
voters to being American citizens. Tho Bu-
promo Court, as well as tho Circuit Court,
decided that, vaiving the question whether
these persons were ever legal voters under
tho Constitution Of 1913, they not being 81
years Of age when that Constitution waa
adopted, the Constitution Of 1870 was posi-
tive iu requiring citizenship Of the United
States, or that tho person aloud hayo been
an elector on the lat Of April, 1858, and, rs
they did not fall under either Of those deflni-
tions, they were not legal voters at any cleo
ton since Aug. 8, 1870.
Nov old S1oaEr overrules this decision In
llis usual dogmatio and ignorant manner by
telling the Supreme Court that they ought to
havo known.
He says "Ihe Tins holds the opinion ~
l. That the Constitution OF 1918 "natur-
allied" all the then alien inhabitants Of the
State.
Q. That under tho Constitution Of 1913
another large body Of foreign rcsldents, not
naturalizea according to the forms OF the act
OF Congress-, "were naturalized in tho game
parliamentary way"
g. That, II tho fathers wera citizens, then
tho minor children were made citizens.
1. That--
They aso lawful vot3ns unler the Constitution Of
1570 becausa they "mads rfti.sns " tA4 Tinted
Sasss sbass The age Of II yeass." They bseame et-
Of ths unttsd Btstea BY becoming citizens Of ILL.,
ne!a by tbs naturalization ct their fA.hers dufius
thes minority by tho supsame political authority OF
tbs staso in which tho power Of ustuzs xatson then
rssided, II IL does not sraide ths1o yst.
In ans~ or to ali this 1t may DO said that
citizens are native born or naturaIized. This
- Il. -$I?