Arizona weekly citizen., 1894-11-03
WHAT CONSTITUTES
An Elector.Does the TerritoriaI
 Law Conflict with the Organic Act of the Territory?

Act of the Territory? EDITOR CITIZEN.-SI R:-On the 22d t. | October appeared i0 | ne columns of the
 Star what purpoFted to be the opiuior
 Of the attorney genecaI as to the quail
 hcatlons of citizens tc, vote and to bolo
 office under the laws of this territory
 lnasmuch as the opiu ion appeared to be
 general, and not dirs ,cted to auy official
 as prescribed by the statute, presume It will be no act of oIscourtesy to tak5 Issue with the attorney general upo1 the correctness of his opinion. It is evident the attorney general bases his opinion upon the smendatory act of the Seventeenth legislative assembly ou page B, which is ss Allows:
 "Ssc,ion l, Paragraph 1904. Section 4, Tile XXI of the Revised Statutes of Arizona, is hereby amended 10 read ts follows, to wit: In the great register the recorder must, as hereinafter pro- vIdt d, enter the names of such persons whose names are not already thereon, who are then qualified electors of the coup ty, or who by reason of their arriv- ing at the age of twenty-one years, or by reason of their having resided one year in the territory and the requisite tune in the county at the time when the next ensuing election will occur, would be entitled to vote at such election If reglstered.'"
 "Section 2, Paragraph 1899, Section 1,
 Title XXI, of the Revised Statutes of Arizona, and amendments thereof of the Fifteenth legislative assembly, are here by amended to read ss follows, to wit: Every male citizen of the United States. and every male citizen of Mexico, who shall have elected to become a cltizen of the United States under the treaty of peace exchanged ard ratified at Guinte- TO, on the Both day of May, 1S43, and tEe Gadsden treaty of 1854, of the age of twenty one years, who shall have been a resident of the territory one year next preceding the election, and cf the county and precinct in which he claims bis vote, ten days, md whose name IS en- rolled on the eat register Cf such county, shall be entitled to vote at all elections which are now or may 5s here Dy lbW.
 The above amendment to Section 1904 of the Revised Statutes, sun Jly chsnges the time of residence in the territory from SIX months to one year.
 The amendment to Se. tlcl 1899 If the Revised Statutes, as aboya eeI forth. Is one of greater importance ard legal g- nlfications, as teing, Bs we deem It. in contravention of the Act ot Congress, Section 1860 of the Organic Act, page 31, of the Revised Statutes of Arizona, is as follows, to wit:
 "At all subsequent elections in eDy territory hereinafter organized by con- gress, as well as al all elections in tarri- tories already organized. the qualltica- tions of voters and of h i'd ng offics shall bs such as may be pre- cribed by the legislative assembly of each territory, subject, nevertheless to the following restrictions on the power Of the legis lative assembly, namely:
 First The right or suffrage and of holding office shall he exercised only by citlzens of the United States above the age O. twenty-one years, and by those above that age who have declared on oath, before a competent court of record, their inte ntion to become such, and have taken an oath to support the constitu- ton and govern ment of the United States.
 Second. There shall be no denial of the election franchise or of holdiug office to a citizen on account of race, color, or previous condition of servitude.
 Third. No officer, soldier, seaman, mariner or other person in the army or navy, or attached to troops in the service of the United States shall be allowed to vote in any territory, by reason of being oD service therein, unless such terr tory is, and has teen for the period of SIX months. his permanent domicile.
 Fourth. No parson belong ng to the army or navy shall be elected to or hold any office or appointment in any terri tory"
 } he foregoing act Of congress is the constitutional law for thls territory, and any act of the territorial legislature in conflict with its provisions would be null and void. The foregoing act of congress specifically prescr hes the qusl- ifications of electors ard officers iu the territories; and 1t is not in the power of the legislature to change or superadd to them, unless the power to do so IS ex pre~sly or by necessary implication con- ferred by the act itself Wide Md. lS9. 3 Cow. 686, Post. 293, 39 Mo. 4.5, 3S Wis. Il, 17 Ohio &. 665. 57 Me. 14S, 59 Penn. St. 1O9, 35 Ind. 4S5.)
 It may be contended that by the pro- visions of section 1860 of the organic holding office, shall be such as may be prescribed by the legis ative assembly of l the territories, but subject, however, to | the restrictions therein named. Nothing, therefore, IS left to the legislature but | to provide the necessary regulations to | carry into effect the elective franchise. | And these must be reasonable, uniform | and impartial. They must not have for | their purpose cir ctly or indirectly to | deny or abrldge Ie constitutional right | of citizens to vota, or unnecessarily to | impede its exarc:se; if they do, they must | be declared void. (Viie Cooley Const. Linn. pr :e 75S, F, Pick. 4S5, B Am. Dec. 632, IT Ohio St 665.)
 Many respectable authorities hold | hat in the absence of constitutional al pro- visions providing for the registration of voters previous to election, that any egislatlve enactment requiring such | egistration would be null and void, and IS havidg the effect, where the electors Ire not registered, to exclude from vot- ng persons who have an absolute right o that franchise by fundamental law. Vide SS Ills. 49S, 49 Wis 555, B Am. Rep. 7S6, 5S Penn St. 33S, 38 Wis. T, 3 North Car. 19S, 43 Ono St. 54S, 34 '. w. Rep. 499, 18th Cong Ii. Rop. 613)
 The is no requirement for registra- ion i" our organic law, and that re- uireu. nf is based solely upon the act f tha islature of 1893, and without ny provisions for corrections after the looks O' registration close twenty days ri1r to aD e,ecuon. if the authorities ited supra are correct, then the act of he legislature is void. Furthermore, { le act of the let islature Of 1893 is in , onfiict with section 1e60 of the organic w in this: it excludes from the right suffrage all persons who have declar- [ d their intentions befors a competent C curt oi record to become such; and all , ersons in the army or attached to troops ] the service of the United States