Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1888-10-20

years old, mus. he still be registered,
on taking the oath? Suppose he an
swers he is a polygamist, and til
offers to take the oath, can any one
doubt he must be rejected? 1t fol.
lows that if it is found BY his exami
nation he is not qualified under the
law, he must be rejected, although he
may be willing to take the oath.
In the same Section it follows that
the Registrar must, before he regis
tiers any applicant, require him to take
and subscribe to the oath, etc. /,
does not read or mean the applicant
,, must be admitted on taking the oath.
This does not define the only duty to
be performed by the Registrar, bu,
even when or after he is satisfied the
applicant is entitled to register he
must administer this oath. 1t is only
one Of the sen,inels guarding the pur-
ity of the franchise. The applicant
must submit to the challenges of 9TH
er sentinels on his way to the ballot.
box.
BY the last clause of Sec. sos it is
provided that ">hould any Regis
trar, at any time, refuse to register
any applicant, such applicant may
apply to the District Court, ETC." This
provision implies there will be cases
where the officer will refuse r"gistra-
ton, and it provides a, mode OF re-
viewing his action. Any such cases
must be those where the applicant is
refused and rejected, for in those
cases where the applicant refuses TO
take the oath, the law positively ex-
cludcs him and there would be 10
reason for appeal, unless he claimed
the entire law void. BY Sec. 5O9b
a penalty is provided for the Regis
trar who "corruptly refuses
to register any one complying with
the provisions Of this act and whom
ne knows to be qualified voter
The penalty is not for refusing regis
traton to one who offers to comply
with law, but the additional fact mus
exist, that the officer at the same time
) knows he is Il qualified voter. On tie
contrary. if he knows BY his inves,iga
tons that he is not a qualified voter
he is not liable to the penalty for re
=, fusing him registration even if he doe
4 offer to take the oath.
:, But | 90 further: If registrar
knowing any applicant is disqualified
. and still reg s;ers him, simply becans
| lie takes said oath, he then become
) liable to the penalty provided by sal
= Sec. 5O9h, for corruptly registering an
: person whom he knows is not entiile
i" thereto.
" Section Of our code provides thu
l. all our laws 'must be literally col
s. strucd with q view to effect "thelr o
= iec,s and to prom ote justice" The
}. is no dunbt that ona OF the chief o
u iects of this law is to exclude, fro
x the ballot. box, ali ballots tainted |
as the stencil Of that licentious Mmm'
81 church, and that this will promo
T. justice.
There is not in my mind now, II
10 never has been, any doubt that it
he the duty of the Registrar to careful
y, ,, examine all applicants for registr
j, ton; that he is allowed wide la
ID .ude in such examination and VIII
+. clearly satisfied the applicant is n
III entitled to vote, it is his cl. ar duty
to refuse to administer the oath or reg
a ter him.
I'D In attempting abbrcvation ha
g. not assigned all the reasons occuri
ne to me in support CT the views abo
expressed, nor elaborated those s
10 signed as fully as | would if t
H. matter were under judicial inves'ie
Sc ton. My apology for going beyo
On mere expression of opinion in reE
tn to YOUR favor is that | understand
Is opposite view to the above has be
on advanced. Respectfully,
he JAS. II. BEATTY.