The Helena independent., 1894-10-16
THEY CAN'T VOTE At ALL
Attorney General Hsskell's Opinion
Of People Living on Indian
Reservations
Their RoSidenoe Is Not Considered
as Being OF tho
State.
DisquAiinehtlon Of Judge Not Sufficient
Reason for Throwing Out the
vote-City Registration,

Attorney General Haskell yesterday wrote
on opinion to one Of the county oilloers of
Valley county, giving the status Of rest
dsnis Of Indian reservation. Ia regard 10
votinR al the coming election. The opin-
ion. which Govern a number OF points
raised, says that all land embraced within
an Indian reservation Ia Withdrawn from
stats oontTol and placed under eovSrnnsnt
control. Tho stAts has thus no iuTlsaie-
tIon over that land or the persons residing
on a. No psrsou can, thsrsfors, vhils liv-
ing upon an Indian or military reservation
acquire citizsnshiP in tho ststs for the par
pose OF voting. Under the general laws Of
Montana no election precinct can bs sstab-
llsAsd upon or inoludS any portion Of an
Indian or military reservation. nor can any
rsQiswstion dlstrio, include any par. OF
such reservations. The opinion further
saJsi
"As no person In Montana can gain q
residence in Montana for the purpose OF
acquiring oitlzsnahip while residing upeh
an Indian or military reservation, 80 the
eonvofss Of this proposition 10 trus-thAt q
person who had acquired q residences ia
Montsns, In sny osunty thersof going upon
an Indian or military reservation would not
lose his residsses In the county In which he
resided prior 70 going upon lueh rsssrva.
ZION. The deductions or conclusions from
thsso premises would hs that, In case . party
living In smother state should come TO
Montana and 20 upon an Indian or MILL
tary rtseryation without having nrit ac-
Quired q rssidsncs IN some county In Mon.
tana. could sot possibly obtain q residences
In Montana while living upon suoh rsssrva-
tion.
Yen are thsrsfors advised that any per-
sen living upon . reservation In Montana
must, In order 10 be entitled TO vote. have
acquired q rssiasnos In this state before go
ina thereon, and the time that hs has livsd
or remained upon q reservation eannss be
considered as . pert Of the time he 10 re-
quirsd 70 live In hontsna In order 10 gain
= rssidsncs therein for The yurposs OF vos'
Ing"
On another point the opinion says The
fact that one Of the judges OF election does
NOT possess the Qualification Of an eleoior Ia
not sufloisnt In itself to isct the legal votes
cast al such precinct III . Judge Of cleo
tiou. who 10 disqualified from voting.
should vote aud contest be had." says the
attorney general, "ths legal votes would
not be thrown ont or reiestsd. but ONLY
those that we're illegal would bs th own on,
upon The hearing Of the contest" Cos
tinuina the opinion says that county COM
missionsrs cannot reject the returRs from
su slsoslon prseinea provided the judges OF
election All ont the returns which are furn-
ished them BY the commissioners.
The suprtms court Of Montana" tbs
attorney general says. has decided that
whore the election returns presented TO the
eornty oaAvasssrs we're corset upon the
face fthst 10, 80 70 form and substsnes) this
board has no right 10 rsieo. thsm, but such
returns should be counted and cAnvasset
In accordance with the Law. and that thu
right to Investigate and inquire into tn,
legality OF the votss cast In such preoinc
must be loft ard inqulred into by eour
OF com moa Law Jurisdiction.