Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1888-10-06

Suppose he answers that be is but 10
years old, must he still DO reg stored,
on taking the oath? Suppose he an
swers he is a polJg>mist, and still
offers to take the oath, can anyone
doubt he must be rejected? It fol-
lows that it it is found by his ex-
animation he is not qualified under
the law. he mus: 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." 1t
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 tho Registrar, but
even when or after he is satisfied the
applicant is entitled to register he
must administer this oath. 1t is
only one OF the sentinels guarding
the purity Of the franchise. The APP
plicant must submit to the challenges
Of other sentinels OH his way to the
ballot box.
By the last clause of Sec. sos it
is provided that "should any kegis-
trar, at any time, refuse to register
any applicant, such applicant may
apply to the District Court.ctc. This
provision implies there will be cases
where the otiicrr will refuse regis,ra.
ton, and it provides mode Of re.
viewing his action. Any such cases
must b. those where tho applicant is
refused and rejected, for in those
cases where the applicant refuses to
take the oath, the law positively ex-
cludes him and there would be no
reason for appeal, unless he claimed
the entire law void. BY Sec. 5O9b
a penalty is provided for the Regis.
trar who "corrup,lv refuses
to register any one complying with
the provisions Of this act aud whom
he knows to be a qualified vo,er." The
penalty is not for refusing registration
to one who offers to comply with the
law, but the additional fact must exist,
that the officer at the same time knows
he is = qualified voter. On the con
trary, it he knows by his investiga-
tons that he is not qualified voter,
he is not liable to the penalty for re.
fusing him registration even If he
does offer to take the oath.
But | go further: If registrar,
knowing any applicant is disqualified,
and still registers him, simply because
he takes said oath, he then becomes liza.
BILE to the penalty provided by said
Sec. 509b, for corruptly registering an,
person whom he knowns is not entitled
thereto.
Section 4 OF our code provides that
all our laws "must be literally con-
strued with view to effect heir o.
jects aud to promote justice" There
is no doubt that one Of the chief oh
jects of this law is to exclude, from
the ballot. box, all ballots tainted by
the stencil of that licentious Mormon
church, and that this will promote JUS
tiee.
There is not in my mind now, no.
never has been, any doubt that it il
the duty of the Registrar to CAREFUL.
examine all applicants for registra'
ton; that he is allowed a wide lati'
tude in such examination and when
clearly satisfied the applicant is moi
entitled to vote, it is his clear duty &c
refuse to administer the oath or regis
ter him.
In attempting abbreviation have
not assigned all the reasons occurring
to me in support of the views above
expressed, nor elaborated those as
signed as fully As l would if che
matter were under judicial investiga
ton. My apology for going beyond
a mere expression Of opinion in rep'y
to your favor is that understand al
opposite view to the above has beer
advanced. Respectfully,
JAS. H. BEATTY