The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-05-26

1nu SHALL nave re8lucu III tbG :
twenty days. and In the county ten days
next proceeding the day OF election"
The proviso OF the section being rcpug-
nant 20 the letter and intent of the enact.
ing part, would probably bc considered
void.
Az the fourth session. November 2, 1857,
the legislature amended the above section
OF the act of January II. 1865, r~e-enacting
the section with the words In the proviso;
''they shall he citizens OF the United
States" omitted.
This was followed by a declaratory act
of the same session, December III, 1857,
declaring that ''nothing In h above
amendatory act should be construed 10
conflict with or abridge the rights OF any
person ~enfranchised b. the law OF con-
Qress of January "a, 1867"
An act of congress-. a~mendatory OF the
organic act approved March =, lsb', dis
approved Of the laws passed nj the two
sessions of the legislature held In 1864, the
second and third session., except such as
should he r~e-enacted, and went on to
authorize the governor to district tile ter
ritory, and TO provide for the election 81 a
legislature in accordance with the election
laws passed at the FIRST session, and pro-
vided that "the qualifications oil voters
shall he the same as that prescribed by
the organic act, excepting the distinction
therein made on o OF race u
color"
The legislature authorized by this act Of
congress-, known AS the fourth session,
eracted the amendments to the election
laws OF the first session above recited,
removing the ambiguity in the original
act.
Al the seventh session.. January II, 1872,
a revision and compilation of the laws
was enacted and section n OF chapter
% concerning elections" Is as follows:
"All male citizens of the United States
l...,. al. na... - ~ x..n ~ lhalI ha nnfttIafI
To vote at any election for delegate TO
congress-, and for territorial, county and
precinct officers, provided they shall have
resided in the territory six months and IN
the county 10 days"
This section depriving persons who had
declared their intention to become citizens
of the right of suffrage was promptly
amended by restoring the right OF voting
to such persons, at the extra session of
1871, by act of April %, 1873.
And the same section was again
amended To make assurance doubly sure,
ut the eighth regular session.. February IL,
INA, by again including such declarants.
Again at the ninth session, February IL,
1876, he same provisions are again
enacted, declaring all citizens and all per-
Sons who had declared their intention to
become citizens, entitled to vote, with
some change IS TO period Of residence.
The revised statutes of Montana OF
lSsV, euncttu ny tut tWclitu tcklsihtlNe
assembly, being IA codiilcation OF laws in
force on the 2lst of February, 1879, re-
cnacts the same provisions as to the right
of suffrage.
Az the same twelfth session the above
section is re-enactcd with n change ia Pc
riod of residence Of voters.
We next have the revision or "Compiled
Laws" of 1889, the volumes now in general
use, being a compilation of all laws In
force on January 10. 1887.
Section 1O01 repeats the same provisions
as To qualifications of voter.
Thus we have the territorial law on the
subject brought down the 10th of January.
1885,. Citizens n those who have de-
clared their intention to become such are
entitled to vote for all elective officers,
and still there is no requirement in this
or any previous territorial enactment that
sue d~eclarants shall go further and take
an oath to support the government and
constitution of the United States. Section
1921 of the Compiled Laws puts the inten-
ton of the legislature in this regard be-
yond doubt, for IL prcscribes i'm terms the
oath to he taken by voters when chal-
lenged, and the declarant is simply to
swear that has declared his intention
To become n citizen of the United States; ~
there Is no clause To support the govern
ment and constitution of the United
States.
See also the general school law and the
oath therein prescribed for voters, to-wit:
"Youd do solemnly swear that you are a
citizen of the United States or have de-
clared your intention to become such"
And the provisions of the registry law,
enacted March y, 1889, at the 18th and
last session Of the Legislative assembly,
held under the territorial organization,
show with the utmost c~lcarness and pre-
cision the intention of the Legislature "a
extend the right of suffrage TO all those
a Ill aL-.- 1911. a l.
come citizens, regardless OF whether they
had taken an oath TO support the govern
ment and constitution OF the United
States. Sec. u prcscribes that all persons
applying To he registered shall first talk,
the following oath: 81 10 solcmnly swear
or Affirm, that ! am n citizen of the United
States. or that | have declared my intcn
ton to become "a citizen of the United
States; that ] am of the age of n years,
and have actually and not constructive,
been a bon Tide resident in Montana 81,
months and in the county thirty days
next preceding the day of the next cnsu
ing election, and that am not registerc'
elsewhere i'm Montana for this electora
year; so help me God"
See also the provisions of sections : an,
X of the same statute.
The foregoing examination of the terri
toriai legislation discloscs the fact tina
the statutes If the territory have never r.
IulItu aS "a pFtrtslulsite 10 TIE rignt q
suffrage that persons who had declare,
their intention TO become citizens. shout,
take an oath tn support the constitution
and government of the United States
Time aud again the very form Of the oatl
to he administered Ia this class of voter
when challenged, or when applying To b
registered, has been prescribed in til
statute, but such requirement was nevc
mentioned, or made part Of such oath.
The provision of the law of congres
p@.por.ng 'o mn, ,nc Iee,sio'lsc pow
In the particular In question seems I
have bee formulated by the authors @
compilers of the revised statutes of tn
United States, from "A similar provisio
in the organic acts, of Wyoming an
Washington territories, and To nave h,
come a part Of that compilation Use,
ls60l upon its passage in 1873 at the fir,