The Democratic press. [volume] (Ravenna, O. [Ohio]) 1868-1901, 1877-08-23

AFTER comply win the Jaw ana save
their right TO vote,
Again, the law is most infamous for
the further reason that it is partial in
it's operation, favoring one Class of
voters by exempting them from its
hardships, while it imposes upon an
other class the loss of time required to
register, unreasonable statements and
duties in the way Of proof. 1t further
subjects them to prosecution, fine and
imprisonment Tor shy mistake in Civ.
ing the statement required (although
not under oatb) if willfu, mistake
occurs in any particular in making
such statement.
The constitution of the State of Ohio
article 5,section l, provides as follows:
"SEc. l. Every white male citizen of
the United States of the age of twenty
one years, who shall have been a resi-
dent Of the state one year next preced-
ing election, and Of the county, town
snip or ward in which he resides such
time as may be l,roriled By lac, shall
| hare the quail ifcdtiOns of an eleckor,
| and be entitled to cote at all electaunx."
This provision OF the organic law
of our state is absolute, and has been
J, enlarged as TO embrace and include
all male citizens without regard to
color. In view of the universal hold
ing of our courts upon this class of
legislation, where the right 10 vote il
guaranteed by the constitution of u
state, have no doubt as to the uncon-
stitutiOnality OF this law.
In the case of Josiah Capen Va. Sam
uel H. Foster ct AL, II Pickering 4S5.
Chief Justice Shaw, in delivering the
opinion OF the Court, said:
"In all cases when the constitution
has conferred political right or priv
ilege, and where the constitution has
not particularly designated the manner
in which that right is to be exercised,
it is clearly within the just and con-
stitutiOnal limits of ehe legislative
power to adopt any reasonable and
uniform regulations in regard to the
time and mode OF exercising that right
But, says he, "this construction would
afford NO warrant tor such an exercise
of legislative power, as under the pre-
tense and color of regulating should
subrert or injuriOusly restrain the
right itself"
In the case of Monroe ct al. VS.. Col
Inns, II o. st. 66G, the same principles
were involved that must necessarily
arise under this act should legal vote
be rejected by the judges of election
in October next. The Court in that
case says:
The right of suffrage is guaranteed
by the Constitution of Ohio to white
male citizens (now to male citizens).
Between the Legislative poacer and
the legai eiector, no matter who or
what he is, the constitutional provis
ion stands os q 6ut,vark for The pro-
lection OF his right to vote.
What the legislature cannot do di-
rectly it cannot do by indirection. If
it has no power expressly to deny or
take away the right, it has no power
to define it away or unreasonably to
abridge or impede its enjoyment by
laws protesting to be merely remedial.
The power OF the Legislature in such
cases is limited to laws regulating the
enjoyment of the right by facilitating
its lawful exercise and by preventing |
its abuse.
The only power conferred upon the
Legislature in facilitating this consti-
tutiOnal right to vote, is to fc and |
prOuide by law the length OF time such
voter. shall reside in the county, town.
ship or ward. before voting. and this |
must be unifOrm IN its operation, ap-
plying to all citizens alike.
The only restrictive power given to |
the Legislature TO db,1dge the right of
suffrage in this state is contained in
section 4 of article 5 of the constitu-
ton. This section provides
"That the General Assembly shall
have power to exclude from the priv
ilege OF voting or being eligible TO Of
fee, any person convicted Of bribery,
perjury. or other infamous crime."
But to all other male citizens, wheth.
er black or white, under our constiin-
ton, the Legislature can only fix the
time of residence in the county, town
ship and ward, ETC., and the manner of
voting.
This eau only be done by a rule
reasonable and uniform in its applica-
ton. liza Registration law is permitted
it must by Tor Il legitimate purpose,
to-wit: Tor the purpose of guarding
the ballot box against fraud.
This cannot be done by imposing
onerOus burdens upon one class of
while another is left entirely
free from its burleas and obligations.
This law not only imposes onerous
burdens. but it attaches and inflicts
infamous fines and Imprisonment for
a violation of its provisions by any of
the class to whom it refers. To one
class
1t creates obligations.
1t demands time and service
1t tries for mistakes and misstate-
ments not under oath,
1t denies the registered voter, when
the usual and lawful means
OF sustaining by proofs his right to
vote.
1t dis(ranchises the constitutional
voter for sickness which he cannot pre-
vent.
1t persecutes and deters by the in
Fiction OF fines and Imprisonment.
All this and much more is provided
for one class of voters by this law,