Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-08-13
now THEY DO in IDAHO.
"MOrmOns' and Some Non.sNor-
mons ExclEded from Voting.

csiusei 10 De punished the following
Instructions
TO ire Supervisors, Rensirars and
Judges Of Riecston "a BINGHAM
CJtissty, idaho:
| Gentlemen-Having had several
roduests Tor my opinion re.ariinr
Your dulles in the coming fe.,istra,
ton aud election, | take this method
OF replying 10 il at once, and
giving my views 10 You all.
think this matter can be Lest
trcated by dividing il and answer
ing II in the form q these que.
tons.
LIST. Are members Of the Mormon
Church legal voter, ard entitled to
register and vote in Idaho?
md. IL no., who shall I've treated
and considered as MOrmonss
Srd. What are the duties reguircd
by iavS-of officers Of election. anu
esI.eciaily this class Of people?
To the frst answer COMPATIBILITY.
no; they are not. The reasons are
set forth In section sol revised siat-
utes Of Idaho, and in section /, on
PAGE II, Of the laws Of tn. fifteenth
session ~ uis Idahc leuisiature,
amendatory Of the above section,
sol, and also in section 3, article q,
suffrage and election, OF the c0nsti-
luton OF the stale Of Idaho. all
three Of which are too plain 20 need
| quoting OF comment from me.
1 To FNuas aaslssaFuA I r..a.nWHa d H..
on January Let, ISIS, we're memben-
OF or affiliated with, or aided, abei-
ted or encouraged the Mormon
Church. For reasons for this see
section I, page II, Of the fifteenth
session laws cited ai,Ove. In sup
I port Of that | also quote decisions
of courts and the Proclamation Of
the governor OF Idaho. az follows.
The supreme court Of Idaho in
Chamberlain -. WCodin, page la.
advanced sheets Of I'acilic Reporter,
No. ., says. "ln view Of all the
testimony, we must conclude with
the count belOH-, that these people
referring 20 the MOrmons who
withdrew from the Church 10 vote
on Nov. q, lSSS,) did not at bona
fidc, that such withdrawal ngSultei
from a concert OF action, must
likely through the counsel Of their
leaders, and for the sole purpose Of
evadinG the law; and thai they
were iIot entitled 10 vote. In
WOcley ". watkins, g'd Pacific
I RepoHcr, page lJ3, our supreme
court also decided THAT the order.
OganizatiOn or association known n
the Utah, or regular branch u the
I Mormon church, teaches, advises,
| CuunSels and encourages it, menu
bers, devOtees and others 10 commit
the crime Of bigamy or polygamy n
a duty arising from membership ia
such organization or association"
Governor George l.. ShOup in his
election proclamation says: The
spirit ami Intent Of THE registration
law mus be compiled with. The IT.
tentiOn Of county commissioners.
registrars and judges OF election j.
called 10 an act OF the 18th session 81
the Idaho legislature. approved Jan
uary 18th, 1859, entitled an act to
amend section sol revised statutes
II Idaho, which law must lie en-
f0rccJ 10y registrars ami Judges Of
election. Now IL these people were
not voters ON November 6th. lSSS.
as decided In Chamberlain vs.
l WOOtin, they are not now, II they
/ were members ii NJ inhibited or
gauiaiion IN October. ISIS. a. de-
cidej in the wooley ". Watkins
/ case, they are the same now. and
any ui them Offering 20 register or
vote should be promptly refused peT-
mission 10 do either.
To the third subdivision u the
subject. what are the duties Of sup
ervls0rs, registrars and judges Ui
election under the law. ! would
~: IL Is the duty O. supervisors
10 see that the registration lists
OF their precincts are properly
revised and corrected before reg
istratiOn commences: 20 keep a
close watch on the duings u r.
I gistrars and Judges uf election. and
% see that zach aud every one " ho
i allowed 10 register is a legally
/ qualified voter, and for the means
OF enforcing their authUrity,they are
hereby referred TO Hon. Fremont
Wood, United States Attorney for
Idaho. under whose immediate
jurisdiction they are appointed, ami
under Whose direction they are
supposed 10 act, and 10 whom they
should promptly report any attempt
10 evade the law.
The duty Of registrars il fully set
I forth i'll -eCtiUns j0i, 51I. 81 and
5JS 81 the Revised Statutes Of Idaho.
They should study these carefully.
They will see from these SECTORS.
and I hereby instruct all REGISTRAR
in Bingham uountr that il l. their
DUTY 10 first put every applicant for
registration under oath, as provided
la first subdivision of section jl4, Re-
vlsod Statutes Idaho, and examine
him fully under the various Laws
above referred 10, and decisions
quoted, ~ TO his present qualifiCa-
lions as a voter and also Is 10 his
| qualifications on January 1855, ami
| especially n Ia his membership OF
affiliations at said date in any in
hahited organization Of which In,
at OF withdrawing in October OT
! November i glTfDIa .fTclc evidence,
ant TO peremptOrily refuse rtgistTa,
ton H. all whose answers under
oath do not fully satisfy such regis
trar that they are in the fullest
sense II the word legal voters OF
Idaho.
The duties of judges Of election
are 10 see that all not legally rrgis
tered, or not legal voters. do not gel
their ballots into the ballot box 81
their respective precincts at tn,
coming State election.
In conclusion / viii say that al
political parties in Bingham county
profess % only want a fair halo;
and an honest count. The county
committee Of the democracy at /
late meeting passed n resolution A
follows:
/. Re- olncf. That 70 j. the vii % this rsm
] mIiteU and convention % conduct %
! | county election strictly m accordance VII
the laws OF Idaho. and % the United state
I as interpreted hy Tire courts. and We cal
upun all oniccrs q election 20 act unquali
/ nediy IN accordance herewith m tEc per
! f1rmznUc Of their duues-
All other parties should concur IL
. the above resolution.
: And 80, in conclusion, cxprus
the hope that all officers Of elec;iol
will study the Laws and decision.
: on which this opinion Is iass-i. ear
: fully, aud governing themscive
: thereby will give u an alsolutal
fair, full aud free lailOt and IA
and honest count Of undouhtedl
, legal voters at the county electiO
in Bingham County, Idaho.
T. :. WHITTIER,
Dist. Atty, bingham Co. IdahS
, BINGHAN, Idaho, Aug. -, 1890.
=. Marshal Parsons Accounts.
Judge Zane sat in chamber
This uuruiuc. The oiYicet u IA