Daily Yellowstone journal., 1890-09-28

Aliens who have TaLe Out First PAPER /.
since Oct. I 1889 no Entitled to register
or vote.
In the more populous section Of the
state the question has arisen before the
registry agents, whether an alien who
has st any time since n. adoption Of
the constitution taken out his first pa.
pers Of citizenship, I. entitled To regis.
ter and vote. Tue county clerk of
Silver Bow county having submitted
the question to the Attorney General
Of the S,a,e, the latter has rendered
this opinion:
OPINION By THE ATTORNEY-GEyERAL
OFFICE OF THE ATTORNEY GEN.
ERAL. HELENA, Montana, Septemb z
%, 1890, Hon. e. F. Booth, County
Cle,k silver Bow county, Butte CRY
-D"ar Sir: Your request for an opin-
i'n on the question "Can man who
has declared his intention N become q
citizen since October ], 1889, and /.
other wise qualified, he entitled 10 vote
this fall?" L. before me. We quote
from Article IN Of the constitution:
Sec. 2. Every male rerson OF the
sge Of twenty-one wears or over, pos
seesing the following qualifications
shall be entitled to vote at al, general
elections ard for all officers that nov
are. or hereafter may be, elective by
the peoplr and upon sll questions
which may be submitted TO the vote
of the peopl.: Fir-t. he shall be cit
izen of the United States; second, he
shall have resided In this state one
year Immediately preceding the cleo
tion at which he offers to vote, and In
the town, couIty or precinct such
time as may be prescribed by Law;
provided. first. that no person convict
ed Of felony shall have the right to
vote unless be has been psrdoned; pro-
vided, second, that nothing herein
contained shall be construed tn de-
prive any person of the right To vote
who has such right al The Iim"o' he
adopt ion Of this constitution provided
that after the ~ yni'a'ion " i've y.sPs
from the time 81 the adopt on ~ th's
constitution nc n-'-on except citizens
of the United Sta'es shall have toe
right TO vote.n
The provisions OF this section being
mandatory, it limits the tight Of .uf-
frsge to those who are citizens of the
United States. Provided. however.
that all persons who have declared
their intention to become citizens
prior to the adoption Of the constitu.
tion. namely, 0ctoberl, 1889, shall
have the right Of suffrage, but ,hi.
right Is curtailed after the expiration
Of five years from the time OF the adop-
ton Of the constitution. But after the
adoption of the constitution, no person
who did not possess the right to vote
at the time Of its adoption can acuuIft
III thereafter until be become 4 eitixep
Of the United States. Hence person
having declared his intention To be.
come a citizen of the United States
since October |, 1889, did not have the
right TO vote at that time, therefore.
! he must take out his final papers Of
; citizenship before he can require the
registry agent TO register him. When
this article was up for consideration
. In the committee of the whole In the
constitutional convention, " wa
, stoutly contended for by respectabls
majority that the second proviso In
, said section should be stricken ouf.
3 thereby limiting the right Of suffrags
P to none but citizens of the Unlto6
{ States, thereby depriving those VIA
, had only made their declaration Of IN
3 ter ton to become . citizen Of ~
g rights Of suffrage. The argument ~
Q against striking ont this pr,viso 81
= which seemed TO have great vssgA1
z was "That such action would en6n1r
e ger the adoption Of the constitutleo.S =
: The proviso was retained; hat In "
J, debates u wss conreded that tkb 80
= cesslon reterrrd only to thoss -
n should make their declaration Of ~
. tsution To become . cltissn prIce Z
u October Let. 1859. and not 10 thnss ~
y made their dsslasstsos subseqssat y
q HI. HAsxnzzs
+ As>srsey 0snes1k