The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-13
LAW IS INVALID.
- Langley Condemns New
Reristration Provisions.
]. csT,zEns DECLARED EQUAL.
reea Not Repeatedly Prove Their
sr1rnao--Rslis Of the Probate Cosrs
3 BAKERS Deck suit.

- ncS passed " TIC ihst fegfssaaufe re-
100 ill persons who desire TO register
- 20 first produce their naturaiixa-
~ .epsss or certified copies thereof, was
10y declared BY Judge Langley TO be
.s~stitutionai. This interesting qoes-
-. - brought TO an issue in the suit
SS1 : vesk ago by Matt Brannagan. ~ re-
-, aeeinss George J. stonsman. - city
- 81 Seattle. In his dsctsion Judge
f.reier overruled the demurrer OF r.
.s.edeut and granted the REALTORS writ Of
.a1zsmus, inssructing Clerk stonsman TO
,-11utre Brannagan - . voter. The judge
- nat eli that IL required Of Brannagan
= adss that no may qualify - voter 10
= tsks oath 70 his residence and citizen
IA The corporation counsel viii appeal
- thedeeision. and IL isexpsctsd that the
npsene court viii consider the merits Of
4 ~ csss sosue time next week.
fbs question Of the constitutionali.y Of
~ law VS. hronght up and argued before
5pdee Langley on January Q. and the mat
~ US taken under advisement until yes
1ufdsy morning. When the case was
eslisd yesterday morning decision Vas de-
fsysd until the afternoon In order that the
coan might listen to supplementary argu-
nent. The decision. rs handed down last
esensne. 10, IN full, ~ foIiowsi
This issue 10 made upon defendants
deuurrer 30 the alternative writ of man
axmus sued out by relator to require the
deiendans, - city clerk Of the city of
SEATTLE. to place realtors name on the poll
took Of electors Of said city and allow him
70 register as voter, or to appear before
~ court and show cause, etc
shos that reiator 10 Of foreign birth, vas
duly naturalized and 10 entitled to segis-
tration as voter. unless IL be the duty of
the defendant - registration officer TO re-
eEire him TO produce his certificate Of
Bsturalization. or IL lost. certified copy
10 addition TO the oath prescribed by law.
This action questions the constitution
alIty OF 20 much of section 2, chapter IS,
d the laws OF 1893. reading ~ follows:
II the voter registering 10 of foreign birth,
be shall at the time OF registering exhibit
10 the registration officer . certificate OF
bic declaration of intention or naturaiiza-
ton. or IL such certificate be lost then Q
certified copy of the same
section 3 OF the same act requires all
applicants for registration to subscribe an
cath recitiBg such facts as would prims
facie make them duly qualiried voters. and
ysatcT contends that he should be sub
FSsEa ~ ho toftACI tC3tS VI pfoot9 Vi HE
Qualifications than II embodied In the pre-
scribsd affidavit.
"Registration laws have become fixed
growth upon our elective system. As .
!. means OF detecting and preventing frauds
q the election polls they hare proven USE
iil and are generally held In popular favor.
That II would DO com potent for the iegis-
hture to enact such . Law in this state,
even In the absence OF . constitutional re-
nyftr M I ID ~ ~~fA
doubt, but section z. article 9 OF our state
constitution sets the question at rest by
making Its enactment compulsory.
How far the legislature may carry this
usii-meant purpose Of the people must be
determined In part from reading of other
parts of the constitution relating to the
aqueithcation Of voters.
s'Section l. article 8. Of our organic Law
says: All male persons Of the age of 81
years. or over. possessing the following
qualifications shall be entitled 10 vote at
aii elections: They shall be citizens of the
United States; they shall have lived in
the state one year and In the county ninety
days. and in the city. town or precinct
thirty days Immediately preceding tho
eiection ut which they offer 20 vote; pro-
sidsd. that Indians not taxed shall never
BE- allowed the elective franchise; pro-
sided further, that all male persons who at
the time of the adoption of this constitu-
ton are qualified electors of the territory
shall be electors
This section alone defines the aualifi-
cations Of voters in the state of Washing
ton aud registration laws. though re-
Guired. cannot enlarge, abridgs or in any
manner affect them.
Section puts all legal voters on per-
feet equality. All are qualified voters
Equal qualifications and degrees Of qualifi-
cations renft tarms and not
ranted by any fair Interpretation OF this
section.
Section says nothing about natural
ifed citizens. They shall be citizens Of
the United States. This, with residence
qualifications, entities them to vote and IL
TO vote then To register ~ voters The
section doesn't attempt to define citisenship
siitntion 90 do 30. This Is defined By sec
ton I, article XIV, Of the constitution of
The United States. as follows: All per-
cons born or naturaiixed In the United
States and subject to the jurisdiction
thereof ara citizens of the United States
and OF the state where they reside The
state takes the male citizen of the United
Of the proper age, residing here, and at
once clothes him with the righss--not of q
citizen. for that he has already--but of q
voter.
Citizenship 10 related Co voting only as
The state may determine. 1t Is much
broader and includes ali persons born or
naturalixed in the United States and sub
lset TO its Jurisdiction. IL embraces sew
efai times the aggregated voting popula-
uon OF the states, yet with US 10 - essen
Tia that every voter shall be citizen.
The adopted citizen gets his rights in
ms country only through congressional
issislasIon. IL is an act of general gov
eminent, not local. Not being native. the
iss natutaises him and accepts from him
TIE same fidelity, allegiance and duty TO
me government that attach TO . natural
born person. aud confers upon him the
same rights.
pnee 9 citizen always q citizen. is =
maxim Of both law and politics. When
citizenship Is oacc established 10 Is pre-
sasned 10 continue, as nothing but yoiun-
Aty expstr!a.lon and REIMBURSEMENT could
sxsingaish IL.
but the legislature evidently proceeded
On tne theory that ali persons alien born
must ee presumed 10 remain aliens until
sney aihrmasiyely show the contrary. for
ess'ing that the history Of the country for
vac past century shows that nearly sll ena-
grants 10 America have made haste to be-
CONE citizens.
accepted as good Law IN this state.
sos1d compel the adopted citizen to he
asays prepared TO prove by the court
sseosd his citizenship. IL would not
enough that be even prove it once. but
~ must repeat il az every recurring elec-
.0a- After voting. on proof OF bis right
Saeso. the false presumption at once re-
yves. ehIy io lie sgain overcome in like
.~Aaaer, 80 aoag a. ne shalt choose TO ex-
as'se The rights OF an elecsor.
further effect OF the lsw wouid 5e 10
mAAe TIE registration officer challenger
sn9 tfaes OF BIS own challenge and pgasgi-
sAa.y Judge in his own case
:, Ahe supposed law works a greater hard