The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-01-25
The Wyoming Senatorship.

The Importance Of the seating of PICK
EFT in the House of Representatives at
Cheyenne in place of OKIE is seen in the
fact that it gives the Democratic party
sixteen in the House. Thus, if one Pop
ulist out of the FIVE votes with the Demo-
Gratis they will have majority. There is
however something more than party
question in this result. 1t is question
Of principle The state constitution pro-
vides that every citizen of twenty-one
years and upward who has resided in the
state one year and in the county sixty
days shall be qualified to vote, "e1cept as
hereinafter prouided." Among these ex-
captions is a provision requiring the
legislature to pass registration law and
also prohibiting any person from voting
who has not been registered according
to law" The registration law provides
for registration by precincts, requiring
citizens to vote in their own precincts
only, and repeating a former law that
permitted them to vote outside their pre-
cincts under certain circumstances.
The facts in the OK1E case showed that
at Lost Cabin and North Fork precincts,
in Fremont county, number Of persons,
male and female, voted, who lived in
other precincts, and the evidence was
pretty clear that some came from Johnson
county and voted there. Also two full
blooded Indians and five half or quarter
breeds from the Indian reservation voted.
The difficulty was to show hon they voted.
No person can be compelled to say how he
voted. In fact, the ballot law makes it a
crime for voter to disclose the matter.
This is to protect workmen who may be
questioned as to their votes.
The OKIE people, represented by Mr..
BURKE, claimed, and quoted many au-
thorities to show that no matter what law
the legislature passed requiring voters to
do any specified thing, if it added to the
qualifications of voters prescribed in the
state constitution, it was void. There
fore, while the legislature might pass
registration law, it could not require res
idence in precinct for certain time, or
that votes should be cast in that precinct,
because the constitution only provided
for residence in the state and the county.
1t was also contended that half-breeds
e.
who were citizens were themselves citi-
zens, and that squaws who had married
citizens were also citizens. Much time
was spent on this Indian question, but it
was more in the nature of special plead
ings than sound argument, and was re-
butted by citations from judicial deci-
sions showing that Indians who had not
formally severed their tribal relations
and received their lands by allotment
were aliens, and that all Indians were
aliens prtmG fdcie,
The facts were that throwing out the
Indian question altogether, there were
enough illegal votes cast at the two pre-
cincts named to justify the exclusion of
the votes there altogether, or that the
number of illegal votes should be de-
Quoted pro rata from the totals cast for
the two candidates. In either case
PICKETT would gain the seat as there was
only difference of one in the total votes
for the two candidates.
The only vital question, then, was as
to the constitutionality Of the registra-
ton law. 1t was finally shown that the
House, though a court to judge of the
qualifications and election of its mem
bers, was not court to decide the con-
stitutionality OF law. The House had
to take the law as it stands until court
Of competent jurisdiction should declare
it invalid. That settled the question, for
under the registration law Col. PICKETT
was clearly entitled to the seat.
Seventeen votes were cast for sustain
ing the majority report seating PICKETT,
two OF them being PopuIist votes. Three
Populists including the speaker voted
with the Republicans. Otherwise it was
strict party vote.
This is the first gun in the sena-
torial fight. 1t is OF course in favor
Of the Democrats, who are jubilant
and the Republicans are correspondingIy
downcast as Warren s chances are decreas-
ing. Balloting began in separate houses
yesterday and from now on it will con-
tinue from day to day in joint session,
one ballot day being required. Excite
ment is high and anxiety intense.
This is matter OF national Importance,
for the complexion OF the United States
Senate may depend on the one Senator
from Wyoming.
IT
Assorted Mirth.