The Pioche weekly record. [volume] (Pioche, Nev.) 1877-1900, 1888-10-20
Ne. ass.
SUPREME COURT DECISION.


tice Of the Peace and ex.officio Registry
Agent Of Pauaca township in Lincoln
county, to be registered as voter, and
offered to take the oath required by the
Act providing for the registration Of the
name, Of the electors (Gen. Stat. l505).
The Registry Agent refused to register
his name unless he took the oath re.
quired by the Act prescribing the quail.
ticatious and modif, ing the oath for the
registration Of voters in conformity there
with lstat, 1887. 1867.
This proceeding was thereupon insti.
tuted for the purpose Of testing the va.
lidity Of that Act.
Relstor, in his application for a man.
damus to compel respondent to register
his name, at6rmativeiy shows that be
possesses al tho q,slifi ,.ti,n. If an
elector as prescribed by the Con, titution
ii this State (Const. Art. II. Sec. n;
that he could not take the oath pie.
'cr'bed BY the Act Of 1887, because he is
a member Of, and belongs to, the
Cnurch OF jesus eh'i't Of Latter Day
saint, commonly called the Mormon
Church. and thi' was the only reason
why he refused to take the oath.
Upon the hearing Of this case, It a..
Pearing 90 clearly to our minds that the
reiator was entitled to be registered, We
ordered the writ to 'ssue Is prayed for By
rela'or'
Section OF Article II Of the Cunsti.
tuition provides that Every male citizen
o' the United STATES mot latoring under
the dia b'lit''s nsmed in this Consti-
tuition, OF tho age Of twenty .one Year,
and upwards, who shall lave actually,
and not construetively. resided in the
State sir months, ard in the district q
county hr'y days next preceding any
'leet'or, shall be entitled to vote for ali
Officers that now are or hereafter may b.
eiscted by the Ieople. and upon al ques.
tons subm tied to the electors at such
election; Provided, that no per On ~h,
has been or may be convicted II TREASON
or felony in any State or Territory Of the
United States. unless restored 10 civil
rights. and no person who. after arriving
at the aRe Of Is Year,, shall have volun
tar'ly borne arms against the Uuited
States, or held uivil or military office un
der the so.cailsd Confederate States, oil
either OF them, unless an amnesty b,
granted to such by the Federal Govern
ment; and no iliot or insane psrsoni
shall be entitled to the privilege Of q
elector." Any citizen possessing th,
qualifications q an elector, as defined
ADD declared in this provision Of tn,
Constitution, and who 10 not disqualified
by any Of the provisions thereof. is en-
titled to the right Of fudrsge.
1t" not within the power Of the Leg
islature t, deny, abridse. extend Of
change the qualifications Of voter Al
prescribed BY the Constitution Of thu
State. Davies vs. McKesby, New. 800
Clay ton ". Harris, 7 New, "a; State E,
rel. knowlton W. Williams, 5 VIE. S0S
state OK rel. Wood W. Baker, 50 Wis,
%; Quinn W State, 81 Ind, 40; Mon
roe w. Collins, IL Ohio st., 6S5; Nc
Canerty W. Guyer, SO Penn. St., Ill
A'nneen 70. Wells, Ia Mass, 4s7; Risor
w. FArr' ~ Ark, 1872; State ex rel. vn
bokkelen W. Csnsdy, 70 N. G.. 225.)
Inc Legislature, BY the Act Of 1887
aoopssa additional disqualifications t.
those mentioned in the Consultation by
declaring 10 positive terms that: "Nt
person shall BE- allowed u vote at any
election In this State who is I
member tr belongs to the Church o.
'esu' CHRIST Of Latter'Day Saints. com
Monty called the Mormon Church
lsrAs' 1871 io7' SEQ. u and in the same
ACT sought TO ameld the oath to lie ad