Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1892-10-19

The court holds substantially that
ex post fscto laws, or those retroactive
In their nature. relate emily to Grimm
procedure, and that the exercise oil
sunfsge is not an inherent right but n
privilege regulated by law; also that
the Law "a not In the nature OF a bill Of
attsinder, Tor that the constituiion has
the night to determine what qualiflca.
tons shall obtain In tho case Of my
one exercising any privilege or holding
any office under the state, and that Il
any person or olass Of persons comes
within the disquslItying clause and 10
rejected, he is properly rejected and
thBro Is no atIsinder attaching to II No
long as II operates on all alike.
Now, II seems 20 us that thers IL a
lack Of proioundness in the conclusion
that the wise and bonehcent provision
ngainst OK post facto legislation has no
other meaning than the protection Of
person charged with a crime. There
is special statute IN every
state and territory aimed at
securing such rights TO defendants and
Il is known M a statute OF Limitations;
but oven II cannot assist person to The
renewal Of the right Of suffrage when
once that right has been forfeited
through the suffering Of punishment
Tor certain crimes. IL would appear
that no matter whit construction may
be placed upon the Office Of retroactive
legislation, one Of the results OF certain
criminal acts Ia tho loss OF the fran
chise, which cannot thereafter In some
case, be restored, and that this In part
OF the punishment inflicted. II, there
fore, such deprivation Of rights ~ the
people IN Idaho have undergone and
are undergoing Is a means OF pu nlsh-
mont, wherein does the honorable
court make tho conclusion that their
Acknowledgement lei civil and not
criminal matter harmonizo with
sound logic, 10 say nothing Of common
sense? Does not the case stand thus:
The procedure IL strictly civil when
the Mormon could not be reached n II
s,r. criminal .,d IA. .a.,, n, ,hts
fbei,y simultaneously \. c,In,n,i. mn,
The element Of Grim, has ma re,a,,on IN
the procedure lin the case OF Nor.
monl, 40 that his punishment cannot
b., reviewed or o,nsidered I'm The Ii,s,
OF ok post taeto levislatlonl Ia no,
that about Tho .Izo n, ~
Araln, Tn, law. pro,,a. and thu
courts hav. held TINT IN. Franchise In
thia oountrv Ia nron1yf, and tho h.s,
property a man can have n that be
The oase. upon what yround does IN.
Idaho couyt s,ana when A snl.n,i,
declar.s that Voting ia a mar, n,,vIle,.
to h, regulated he IN. stotep wh.,
mnl,ea tho alat. and n, vbn, Ia 4, oorn.
nosed9 la A M, ,ho.. s.,. man vh,
claim and .x.rcls, the ,lyh, IN vo,.
who are the creator. and unholdsrs NJ
,h.nnhi,, aa,,,oo ,,hton ~, ao,,, 90.
Inns in turn tho rivht In dis,ranchise
than with mr. w,tbout convIci,on nj
crimeY And ean In, thing cr.a,.d
b,cone ,up.r,or IN tho c,e.,o,9
would n moi sound beti,r IA saw ina,
the stat. hns IN, rich, 10 yeou,ofo hut
not 10 denvqy.t thar. "a = r.,son ,or m.
court tbinkinv and acting olharw,soIn
tho fac. ,ha, IN yeoulo,e ,mnIl.s 10 ~,
rovuIar thu, IA u,i,,,m ,nona,,,sl no,
burdeninp A with oopdi,iops 10 which
II ia no, subIocl.d ana aoo, M, ho.,
could n I.gI.lo,n,a no.s n,sasr,a
aimed sol.,S M c,,,s an. No, ,a,oaa