Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1888-07-22
Mn. EpTrJa:

AE. EDfrJ3:
~ your permission, will. through
the columns cf your paper, attempt. not
to answer question that Inns hem asked
10y several electors OF this precinct, but
to call attention t. the PROVISIONS Of the
Constitution relating t. the qualilicl-
tiprs of electors whic!, seem to shng
TINT the Act o! the lat LrgisIatUro ia
ITS nucm:t to C1ciudc from the privilege
OF voting oil who believe in the teach
inGs o! tho Church of Latter Day
Saints, commonly called the Mormon
Church. is not in nG.ordaace with tho
fOundamont.l law Of the State anl il
consequently void.
Section One OF Article Two OF the
Constitution reads. SO far as it bears on
this question:: Every male citizen of
the United States OF the ngc of twenty
one years and upwards, who shalt have
actually, and not cOnstruciivcly, resided
III the State six months, and in the dis.
trict or county Thirty days next prccel.
ius nuy election. shalt be enti,le to
vote for all officers that now or hcreRf-
ter may bo elected ny tho people md
upon all question: submitted to the
electors AT such election" and then
specifies the particular acts that shnlI
operate ~ n disqualification Of an cleo
tor, t. wit: Conviction OF treason, bcnr-
ing cTns against the 4. s., and the fact
of bong AL idiot or nh insane person.
Section SIX of said article nlso provides
that for the purpose Of nscerth'ning who
may bo entitled to exercise tito prIyi-
lcgcs Of the suffrage such rules and
onths mny be prescribed by law as may
be deemed necessary.
Upon this latter section tn, LoGisla.
ture at its last session pns.c cd the fol-
lowing law:
mo person shall be allowed to vote
at my election in this State who is
bignmist or polygnmist, or who teaches
tho doctrine Of polygnmy or bignmy. or
who IL n member Of or who belongs to
tho Church OF Latter Day Saints, COM
monty called tho Mormon Church, or
who Is member Of or belongs Ia any
order, organization or association which
sanctions or toerntcs bignny or polyg.
0my, or plural or celestial marriage. or
which exercises or claims tho right /,
exercise civil power i'll conflict with or
opposed 10 tho Constitution or laws OF
this state or of tho United States"
And also prescribed nh oath to be taken
by orcry clector which ombodics the
substance OF the foregoing enactment.
II will be readily seen that the Lcgis.
lnturc has not only attempted 10 pre-.
scribe IN oath which calls for quslilica-
tions moi enumerated In the Coustitu.
ton Of tho State, but nlso TO change tho
qualifications Of an cleotor; or, in other
words, had amended tho Constitution
by Legislative enactment.
Nor can II bo claimed that the Utth Ia
Wild, M the Constitution only permits
tho Legislature To prescribe tho form CT
nh oath for n specific purpose. /. o. to
ascertain whether nn clcctor offering
himself for registration is duly qunli-
Ncd to vo,o undor tho provisions Of the
Constitution M herein quoted. A mans
belief or religious convictions cannot be
inquired into because his qualifications
TO vote depends not thereon. AZ well
might tho Legislature pass law OK.
cluding from tho exercise OF tho ballot
all who do not accept ns orthodox tho
teachings OF tho first chapter Of Genesis.
SO long hs tho Constitution Of tho State
remains ns IL now il, IL IL submitted
TINT acts Of tho Legislature similar 10
tho ono herein rotgItod TO, oLn havo no
effect.
VOIzp,