Daily independent. [volume] (Elko, Nev.) 188?-1915, 1888-07-18


to answer question that has been asked
by several electors Of this precinct, but
to call attention to the provisions of the
Constitution relating to the qualifica.
lions Of electors which seem to SHOW
that the Act of the last Legislature in
its attempt to exclude from the privilege
Of voting oil who believe in the tes CHI
ings Of the Church of Latter Day
Saints, commonly called the Mormon
Church, Is not in accordance with tho
Fundamental law of the State and is
consequently void.
Section One of Article Two of the
Constitution reads, so far as it bears on
this question: EVERY male citizOn of
the United States of the age of twenty
one years and upwards, who shall have
actually, and not constructively, resided
in the State six months, and in the dis
trict or county thirty days next proceed.
ing any election. shall be entitled to
vote for all officers that now or hereaf-
ter may be elected by the people and
upon oil questions submitted TO the
electors at such election" and then
specifies the particular acts that shall
operate as disqualification of an cleo
tor, to wit: Conviction of treason, bear
ing arms against the U.s., and the fact
OF being an idiot or an insane person.
Section six of said article also provides
that for the purpose of ascertaining who
may be entitled to exercise the prrvi-
ieges of the suffrage such rules and
oaths may be prescribed by law as m.y
be deemed necessary.
Upon this Inter section the LeRisla-
ture at its last session passed tho fol-
lowing law:
"No person shall be allowed to vote
at any election in this State who is a
biganist or polygsmist, or who teaches
the doctrine Of polIgamy or bigamy. or
who is member, Of or who belongs to
tho Church OF Latter Day Saints, COM
monty called the Mormon Church, or
who is member Of or belongs to any
order, organization or association which
sanctions or tolerates bigamy or polyg-
amy, or plural or celestial marriage, or
which exercises or claims the right to
exercise civil power in conflict with or
opposed to the Constitution or laws of
this State or of the United States. &"
And also prescribed an oath to be taken
by every elector which smbodies the
substance of the foregoing enactment.
1t will be readily seen that the Legis-
lature has not only attempted to pre-
scribe an oath which calls for qualificaA
tions not enumerated in the Constitu.
ton of the State, but also to change the
qualifications Of an eleetor; or, in other
words, had amended the Constitution
by Legislative enactment.
! Nor CON it be claimed that the oath is
valid, as the Constitution only permits
the Legislature to prescribe the form of
an oath for specific purpose, i. Q. to
ascertain whether an elector Offering
himself for registration is duly quail
fed TO vote under the provisions of tho
Consultation as herein quoted. A mans
belief or religious convictions cannot DO
inquired into because his qualifications
to vote depends not thereon. AS we'll
might the Legislature pass q law ex-
Guiding from the exercise OF the ballot
all who do not accept as orthodox the
teachings of the first chapter of Genesis.
SO long as the Constitution OF tho State
remains as it now is, It is submitted
that acts of the Legislature similar to
the one herein referred to, can have no
effect.
VoTKB,