San Antonio daily light. [volume] (San Antonio, Tex.) 1886-1907, 1888-08-04
ILLEGAL VOTING IN TEXAS.
The Limitations of Courts Under
Law-IIlegal Naturalization the
RuIe-Time for a New De-
parture.

Daily LIGHT:
1t is not "bad break" to say that
there is more illegal voting done in
Texas than in any state in the Union,
or country in the world. The fact
grows out of: First, our peculiar pop
ulation; second, by our state constitu-
ton and laws, allowing aliens, who
have declared their intentions to be-
come citizens to vote, and lastly, the
| ignorance and corruption of our
election officers. These things COM
bined, render our election laws a
farce, and pure or fair elections a
thing unknown.
1t would seem, to an ordinary mind,
that when man born in the
United States. presents himself
at our ballot boxes TO vote, there
| should be no trouble in the election
Judges determining his right to vote;
but the trouble comes up when the
man born on foreign soil offers his bal
lot: and right here comes up nineteen
| twentieths of the frauds in our cleo
| tons.
Unfortunately for the peace, good
government, and happiness of our
country, there is found in our state
! constitution clause, allowing aliens
who have declared their intentions to
become citizens to vote. All parties
must now regard the policy of that
clause mistake, and mistake that
must and will be corrected in the near
future. But this matter will not, at
this place be discussed; but the abuses
of this clause is the great curse under
which we suffer. Under the naLurali-
cation laws of the United States, an
alien may be admitted to become
citizen of the United States in the fol-
lowing manner, and not otherwise:
First, He shall declare on oath be-
fore circuit or district court of the
United States, or a district or supreme
court of the territories, or court of
record of any of the states having COM
mon law Jurisdiction and seal and
clerk, two years." etc. Revised
Statutes of United States. Section
2l65.)
In 1876 the above section was
amended by congress as follows:
That the declaration of intention
to become citizen of the United
States required by Section 2165 of the
Revised Statutes of the United States
may be made, by an alien, before the
tItlh vi vi UIlC COuI 70 III
said Section, &c. Revised Statutes of
L. s., Section 2165."
Now let any man examine these
clauses and he will see that no court
i'm the state of Texas, except "a court
of record ~ having COM
mon law jurisdiction and a seal and
clerk, has the power to take the de-
claratiOn of alien; and that no clerk
in Texas unless he be a clerk of a
court of record having common law
jurisdiction and seal and clerk can
take such declarations.
This being the case, brief refer
ence to our state constitution and laws
will show our courts of record, having
common law Jurisdiction and a seal
and clerk; and they are the supreme
court, the court Ofappeals, the district
court, and the county courts of those
counties that the legislature of Texas
has not deprived, by law, of their
civil and criminal jurisdiction, and
whenever the legislature has taken
from county court of county, its
civil and criminal jurisdiction then
such court is not court of record,
"having common law jurisdictiOn;n
for its common law jurisdiction the
right TO try civil and criminal cases
has been taken away.
Now, Notwithstanding this fact, it
is notorious that county court clerks
of counties all over Texas, wherein all
civil and criminal jurisdiction has
been taken away, are in the teeth of
the laws of the United States, taking
the declarations of aliens, and filling
the country with worthless certificates
of naturalization, and our ballot boxes
with illegal votes.
In the county of BeXar, the county
court, long ago, was deprived of it's
common law jurisdiction, yet the
public press informs us, that just
prior to every state or city election,
hundreds of aliens are made voters in
the county clerks office of BeXar Co.
This thing ought to stop, and all these
certificates issued by county clerks of
counties from which civil and crimi-
nal jurisdiction has been taken, should
be rejected by the judge of elections.
Another great cause of illegal voting
is, that the judges of our elections fail
| to keep their Oaths and do their duty
when persons not born in the United
States. but claiming to be naturalized
or to have made their declarations,
offer to vote.
In such cases what does the law re-
quire?
On this point quote from the au-
| thOrities as follows:
I'm the absence of prOof that an alien
| has become a citizen of the United
states his original states is presumed
| to con tinue; 100 L. 5 reports, 4S3; Best