The Pioche weekly record. [volume] (Pioche, Nev.) 1877-1900, 1888-10-20

:
law any other or further rules or oaths
as may be deemed necessary Is test Of
electoral qualifications"
The other or further rules or oaths
which the Legislature may prescribe are
such as may be deemed necessary for
the ascertsinment, by proper proofs, Of
the persons who shall be entitled to the
right of suffrage" a. estetlished BY the
provisions Of Section | Of Art. II Of the
Constitution.
Having adopted . provision for the
registration Of voters the framers Of the
Constitution deemed It proper to give
the Legislature the power to enact such
rules and prescribe such osths as might
be necea,ary in order TO determine who
was entitled to be registered; aud this
could only be done by ascertsining in ad.
vance. by proper and reasonable proofs,
the persons who would on the day Of
electi n, under the provisions Of the
Constitution, be entitled to vote.
II the views suggested by respondents
ceunsel-that the Le2i. l.turs has the
po~er under the guise Of adopting fur
ther rules or oaths % test Of electors |
qnal,iicati ms to declars, a. Get forth 10
the pre- Gamble to the Act If 1887, that.
Il is deemed necessary for the peace and
safety # the people Of this State to ex.
cluds from participation ia the electoral
franchise al pers IN. lelopging to the
self styled Church Of Jesus Christ Il Lat.
ter.Day Saints. commonly called the
Mormon Church." then Of course it
could by like methods exclude from the
elective franchise all persons belonging
TO any other church, or members Of any
political patty, social organization or Be.
nevolent ord,r. In lrief, the right Of
suffrage guaranteed by the Constitution,
aud Of which We boast 80 much, would
he placed entirely at the mercy, will OF
caprice Of the Legislature.
The legislature has DO such power.
The ri.ht Of suffrage a conferred by the
Constitution is teyond the reach Of an,
'uch legislative interference. It cannot
he changed except BY the power that e..
tablished i. viz, the people in their di
rect sovereign capacity.
In McCaderty Va. Geyer, supra, ~hers
the L.gislature attempted to disfranchiss
certain persons who were not d. fran
chised by the provisions Of the Coastitu
tion from voting. the Court, in review in(
the provisioas cf the Act, sail: 1t at
tempts to disfranchise those who are en-
franchised by the fundamental law Of tn
Commonwealth, and it enscts what shal
be the evidence Of disfranchisement
1t is not. it does not profess to b, reg
ulation Of the mode Of exercise Of th,
right t, an elective franchise. 1t is
deprivation Of the right itsel. Can. ther
the Legislature take away from an cleo
tor his right to vote, while he possesse,
all the qualifications rsquired by thu
Constitution! This 10 the question nov
before US. When = citizen eoes to th'
polls on election day with the, Constitu
ton in his hand. and presents it as Civ
ing him right to vote, can hs te told
True. you have every qualification thu
instrument requires. 1t declares yol
entitled to the right Of an elcctor, but a,
Act Of the Assembly forbids your vote
and therefore II cannot lie received. l
80. the legislative power II superior t
the organic law Of the Stats and III
Legislature, instead u being econtrolle'
by it, may mold the Constitution ct thei
pleasure. Such il not the law" =.
The Legislaturs may ABORT such rule
and prescribe such os,hs' a. may b
deemed necessary to test the qualities
tons q an elector. 1t also has the row
ey to adopt sneh reasonable regulation
OF the constitational iishts OF voter q
may be deemed necessary to preserve oil
der 1t slsctions, to guard a ainst fraud
undue influence or opprcss ion. and t
preserve the purity Of the bs,llot. "a
reRulntions II thu aIsct;va fran ch;sa hou