The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1881-04-13
Important decisions.

Attorney General Baldwin yesterday made
public the following important decisions:
Messrs. Brown & Berry, Mitchell, Ind
You ask several very important questions.
l. Are the first, third. and ninth Constitutional
Amendments OF March Is, 1881, was IN force or do
they require further legislation. Amendment
No. reads as follows. aGX
In ali elections. not otherwise provided for low
his Constitution, every male citizen of the
United State OF the age Of twenty-one years and
upward. who shall have resided I'm the State du-
ring the six months, and I'm the Township sixty
days. and in the ward or Precinct thirty days I'M
mediately preceding such election, and every
male of foreign birth OF the age OF twenty-one
years and upward, who shall have resided in the
United States one year. and shall have resided In
this State during the six months, In the Town
ship sixty days, and In the Ward or Precinct
thirty days Immediately preceding such election,
and shall have declared his intention 10 become
citizen of the United States. conformably 10 the
laws of the United States on the subject OF natur-
alizatiOn, shall be entitled 10 vote In the Town
ship or Precinct where he may reside, IL he shall
have been duly registered according TO law.
This amendment evidently requires further
legislation 20 become fully operative. It should
be supplemented by II registry law. Suppose that
the Legislature does not pass such a law. Can
the citizen entitled 20 vote under this amend
ment be deprived Of such right by the failure Of
the General Assembly 10 provide Tor his registra-
ton? think not. The Legislature can not null
such a case as this IL the Legislature provides
an opportunity 20 register and the citizen entitled
20 vote by this amendment fails TO register. he
loses his vote. think the meaning of the last
clause, iii he shall have been duly registered
cording 20 law" Is that he shall observe such
registry law as the General Assembly prescribes
~ they fail prescribe such law, then he Is not
I'm default, and, II otherwise qualified can vote
without a registry.
Amendment No. reads:
All general elections shall be held the first
Tuesday after the first Monday in November; but
Township elections may be held at such time as
may be provided by law: Provided, that the Cen
eral Assembly may provide by law for the cleo
ton OF all Judges of Courts of general or appel
late Jurisdiction, by an election 10 be held for
such officers only nj which time no other officer
shall be voted for; and shall also provide for the
registration Of all persons entitled 10 vote.
All of this amendment that prcedes the words
provided Is In force per sc. The general elections
are changed from October TO November. Unless
the Legislature provides otherwise Mt this session.
the Township elections take place this year as
heretofore.
But with all of this amendment, subsequent to
the word provided, the case Is different This
part is simply grant OF power TO the Legislature
TO provide that Judicial Ve tons shall be hel
separate and independent OF the other elections
The object of this is 10 separate Judicial elections
from the excitements accompanying partisan
political strife. construe the clause land shall
also provide for the II gistration OF all persons
entitled to vote" as Legislative duty. TO be
promptly fulfilled. But i do not think its nom
fulhllment can operate 10 the prejudice OF the
voter otherwise entitled 10 the franchise. ~
Amendment No. Q reads:
No political or municipal corporation, IA this