Idaho news. (Blackfoot, Idaho) 1887-1891, 1890-03-01
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llHhltssNlOhS Spectueu III the ncAS ScS-
ton, namely, that at all elections in
any Territory already organized, the
qualifications of voters and for hold
ing office shall be such as may be
prescribed by the legislative assembly
of each Territory, subject, neverthe-
less to the following restrictions:
l. That the rights of suffrage and
of holding office shall be exercised
only by citizens of the United States
above the age of 81, or persons above
that age who have declared their in
tention to become such citizens.
2. That the elective franchise or
the right of holding office shall not
be denied to any citizen on accout of
race, color or previous condition of
servilude.
3. That no soldier or sailor or 9th
er person in the army or the navy, or
attached to troops in the service of
the United States, shall be allowed to
vote unless he has made his perma-
nent domicile IN the Territory for six
months.
These limitations are The only ones
placed upon the authority of Terrific
rial legislatures against granting the
right of suffrage or holding office.
They have the power, therefore, 10
prescribe any reasonable qualifications
of voters and for holding Office not
inconsistent with the above limita-
tons. In our judgment, section sol
of the Revised Statutes of Idaho,
which provides that "no person under
guardianship, non compos mentis or
insane, nor any person convicted of
treason, felony or bribery in this Ter
ritory, or in any other state or Terri
tory in the Union, unless restored to
civil rights; nor any person who is a
bigamlst or polygamist or who teach
es, advises, counsels or encourages
any person 10 become bigamist or po-
lygamlst or to commit any other crime
defined by Law, or enter into celestial
marriage, or who is member of any
order, organization or association that
teaches, ADVISES, counsels or encoura-
ges its members or any other persons
to commit the crime Of polygamy or
bigamy or any other crime defined BY
law, either as a right or cerimony of
such order, is permitted to vote at
any election, or to hold any office Of
honor, trust or profit within this Ter
rrtory," is not open to any constitu-
tional or legal objections.
TERRITORIAL RIGHTS.
The position that Congress has, by
its statute, covered the whole subject
of punitive legislation against bigamy
and polygamy, leaving nothing for
Territorial action on the action sub
ject, does not impress us as entitled
to much weight. The statute Of Con-
gress of March %, 1882, amending a
previous section Of the Revised Stat
utes in reference to bigamy, declares
shat no polygamist, bigamist, or any
pelson cohabiting with more than one
woman, and no woman cohabiting
with any Of the persons described as
aforesaid in this section, in any Ter
ritory or other place over which the
United States has exclusive jurisdic-
ton, shall be entitled to vote at any
election held in any such Territory or
other place, or be eligible for election
or appointment to, or be entitled to
hold, any office or place of public
trust, honor or emolument in, under
or for any such Territory or place, or
under the United States" (22 Stat, 81 J
This is general law applicable to
all Territories and other places under
the exclusive Jurisdiction Of the
United States. 1t does not purport
to restrict the legislation of the Ter
ritories over kindred offenses or over
the means for their ascertainmeDt and
prevention. The cases in which the
Legislation of Congress will supersede
the legislation Of a State or Territory,
without specific provisions to that ef-
feet, are those in which the same mat
ter is the subject Of legislation by
I