The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-01-05
OBJECT TO THE Law.
Many Foreign-Born Citizens
Cannot Register.
a TEST CASE TO BE BROUGHT.
Aast Brssnssaa Wni Coneess the VALID
ity - the Lav-soms Of the
Qaessions Iavelvsd.


great deal OF annoysncs and In many In
stances serious Inconvenience 20 citizens
OF foreign birth. many of whom. il 10
feared, may Be disfranchised By being I'M
able 10 comply with its provisions. The
section of the Law which 10 causing al
this trouble 10 section No. 2 chapter Is,
isvs OF le95. and reads a. follows:
III the voter registering is of foreign
oirfn, % shall as the time Of registering
exniot to the registration officef .
csrtifcste Of his declaration of intention.
or naturalization. or IL such certificate be
lost. then certified copy Of the same"
Matt Brannagan. the veilknown con-
tractor OF this city. says he does not in-
tend 70 lose the casting Of his vote Is the
coming election without making o strong
legal tight TO prove that the above pro-
vision of the registration law 10 unconsti-
tutional, and to that end he has retained
attorneys to commence msndamus pro-
eeedings against City Clerk George Stone
man. and . writ viii issue 20 the clerk
some time today to show cause why he
should not register Mr.. Brannagan. The
matter will come up before Judge Langley.
and whatever his decision may be the
case 10 sure 10 60 TO the supreme court Of
the state for decision, ~ the question Is
vital one. affecting - IL does the right OF
suffrage OF large percentage of foreign
born legal voters. and should be decided
before the closing day Of registration.
which win Be- ten days before the election.
John Fairfield, who will institute the
test proceedings for Mr.. Brannagan, when
seen last evening by . reporter of the
Posr-IsrELLIGKxcER,g gave the facts con-
nected with the standing Of his client and
his reasons for testing the constitutional
ity Of the new Law;
"Ar. Brannagan," said Mr.. Fairfield,
reading from the complaint, was born in
Ireland in 1s49 and arrived In America in
1892. While rsaident Of San Francisco
he took out his naturalization papers, and
having come TO the country under the age
of IS years he Was On titled to full papers
after residence here of Eve years. He
has been in the territory and state of
Washington Continuously since 1883, dur
ing all OF which time he has been q voter.
During the year 1889 be took up home
stead and delivered to the interior depart
ment his naturalization papers. which
were for warded to Washington City, whore,
presumably. they now are. On the pa of
January, 1894, he went to City Clerk Stone
-
that he might be entitled to vote ct all the
elections during the year 1894, and al
though he was ready and willing to verify
to these facts under oath the city clerk
refused to allow Mr.. Brannagan 70 register
unless he first produced his naturalization
papers. A writ of mandamus will issue to
the clerk Of the city aud II 10 expected that
the question will be argued in q very few
thara - ~
reason of the fact that registration will
close within . short time; that 10 to say,
ten days before the next election day.
1.-THE Legislature of 1893 for some reason
or other seemed disposed to impose certain
hardships upon the naturalixed citizens
in our midst. Not content with requiring
them to produce . certificate Of declara-
ton of intention or naturalization, they
memoriaiixed congress to make il obliga-
tory on ali enigrants from foreign nations
to bring with them certificates Of good
moral characters given by the proper
officers OF the countries from which they
come. and also money enough to sustain
themselves and their families for period
Of one year from the time Of landing; then
TO be citizens Of the United States for
seven years; to be able to read and write.
CO09tl-
tuition Of the United States before natural
ization.
1.-THE fourteenth amendment to the con.
stitution of the United States provides
that all persons born or naturalizsd in
the United States and subject to the juris-
diction thereof are citizens of the United
States and of the state wherein they reside;
no state shall make or enforce any law
nh foh 81 oh -
munities of citizens of the United States.
nor shall any state deprive any person of
life. liberty or property without due pro-
cess Of Law, nor deny to any person within
its jurisdiction the equal protection of the
laws"
Mr.. Brannsgan's attorneys find much
hope for their position in . decision of
Chief Justice Marshall In very important
csse in the supreme court OF the United
States. dealing with the subject of natural.
lied citizens. which says;
He becomes member Of the society.
possessing all the rights of q native citi-
gen and standing in the view of the
constitution on the footing of a ma
tive He II INSTRUMENTATION in
nothing from a native citizen. except an
tar as the constitution makes the distinc-
ton"
Now. 1t would SEEM" continued Mr..
Fairfield. ''that the trainers of our laws. in
the first instance. intended to place the
naturalixed citizen on the same footing
with one born in the United States Yet.
the legislature of this state has undertaken
to impose untold hsrdships upon the for.
eign born citizen. Ii would seem that anv
nsturalized citizen who was able to give
the name OF the court, the place where
held. and date Of naturalization papers.
and who had resided in the state for ons
year and b ad lost none Of the civil right.
and make oath 70 these things. should be
allowed TO register. IL 10 right and proper
that the legislature should enact laws pro-
teetins tho ballot, bat, in my opinion. when
they 60 20 the extreme measure that thew
have in the legislature of 1898 that they
have entirely exceeded the authority that
the law gives them In framing laws.
This particular Law 10 far-reaching
in its results The man who
claims the right to vote by reason OF al,
father being q nsturaiixed citizen cannot
register without producing his fathers
papers o. certified copy thereof. not
outstanding the fact that he may have
been voter for years. The naturalixed
citizen who served his country during the
rebellion and Who has been voter ever
since tbs war closed, unless he ran pro-
duce his paper is deprived Of the right to
vote. There are 8 number of other incl
dents too numerous 20 enumerate Tosay
the least. the law Ia IN obnoxious one, and
should the court declare il constitutional.