Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1888-10-06
ANOTHER CLlNCHBR.
the AUTHOR Of THE REGISTRA.
TlON LAW STEAKS.
Registrars Dutles-Exsmiaation Only
One Sentiael- others Must be Passed
~ the Way to tho Ballot. Box.

| ssS8sSss - DoN0o -SAooslu1tlVW Vuly
| Oae Sentiael-O Others Must be Passed
~ the Way 10 the Ballot.Box.
Idaho sent.nel.l
We say to all-every officer DON.
uected with the ballot. box in Cassia
county, every citizen who desires to
guard the rights of the people and
keep the ballot box pure, to read the
able, logical and convincing argu.
meifts in the following letter of Hon.
James H. Beatty, author Of the Reg
istration Law:
HALEY, Idaho, Sept. 10.
Hon. J. Z. Harroun. Albion, Idaho:
DEAR S1R:-Yours of the 9th inst.
asking my vie US on certain provis-
ions II the "Registration Laws" is
Just received.
While, rs you suggest, introduced
this law, YET the Specification which
attached to it when framing it is not
basis for its construction. What
the Legislature intended is the rule,
and this must be reached by . oon.
sideration OF the law itself and the
circumstances ate nding its enactment.
With this rule alone in view, reply
to your favor:
!. Is the Registrar compelled to
register a. voters all who offer to take
the electors oath? or
2. May he, in addition to the adj
ministrat,on of such oath. examine
the applicant as to his qualifications?
3. What is the limit of such cx-
animation?
4. II he finds by such examina-
ton that the applicant is disqualified,
may he reject him, even if 10 offers
to take said oath?
1t is we'll known that a large por.
ton of said oath was intended to ex-
clude, as voters, those who believed
and practised the teachings of the
Mormon sect. 1t is generally we'll
known that those people are so we'd.
ded to their church and so obedient
to its fatal creed, which is not only
sntagonis,ic to our civil institutions,
but to the civilization of the world;
that very many of them, a. least do
not regard the sanc,isy of our laws or
even the oath by them prescribed.
The Legislature, knowing these facts,
intended to make the law searching
and effective, and certainly did not
intend to leave it to the discretion Of
} these people to vote simply by taking
} an oath which they mis- ht regard rs
not binding their conscienccs or which
: hey might take with mental reser
walton.
If the Registrar is compelled &c
register all who will take said oath, he
is then without any judicial discretion
"a mere automaton, to do the bid.
ding of applicants for registration and
) any ordinary citizen might easily per
form the duties Of the office. Blu,
the law, by Section 502, is careful to
require that this officer shall be q
qualified voter, good citizen and
when possible, Justice of the Peace
The logical conclusion il that the
Legislature intended he should be q
judicial officer invested with power te
determine, from the facts, the quail
6cations Of all applicants and refuse
those disqualified. Had the design
, been tina. the mere taking Of the oath
should entitle the applicant to regis
tration it it was 4 simple declaration
7 for the Legislature to make. The
law in no place so declares, but il
does say many things directly antag'
onistic to such theory. Sec. 5O4
t Sub. Div. First, prescribes: "He 1.-THE
Regis,rar) may, at any time, examine
under oath, any applicant, and h
| must likewise examine, also permit
, etc.. either wheI
such applicant is not known to thu
Registrar to be qualified, etc.
/ There is no doubling the intent o
this clause. 1t is not merely direc
tory but mandatory upon the Regis
trar, and positively requires him whe,
. he does not know, of his own knowl
edge, that the applicant is qualified
to examine him. Not only that, III
may at any time and must, on prope
request, allow another elector to ex
q anime any applicant, whether h
: knows or not the applicant is quail
fed. What is the object Of such ex
'' aminations? 1t is not for mere form
g 1t must be to learn whether the ap
!. plicant is qualified or not. If it
found he is not, it certainly cannot b
9 claimed he must be registered. eve
i if he is willing to take the oath
This would make the examina,io
o provided for . mere farce and tn
Legislature which enacted the pre-
II visions, the author of comedy instea
" Of solemn law.
n What is the limit of such examina
tion-what questions may be asked
Sections 500 and sol prescribe til
=" qualifications OF voters and any e.