The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-09-24
THE RIGHT TO VOTE.
AN IMPORTANT OPINION BY ATrOR-
NEY-GENERAL BISHOP.
Distinction Between Citizenship and
the Right to Exercise the Fran
chise-A Discussion of Interest
in This Registration Period.

The registration of voters is about
the most important topic in political
circles these days. Some days ago At
torney General Bishop rendered an
opinion to the effect that an alien wo-
man marrying a citizen entitled to vote
would entitle the wife to register and
vote County Attorney Jennings of
SEWER county recently requested the
attorney general to state his authority
as well as furnish other information
which affects similar points, and in re-
spouse thereto the attorney general
yesterday transmitted the attorney Of
SEWER the following opinion:
D. y. Jennings, Esq, County ATTORNEY.
Richfield, Utah:
Dear Sir-I am in receipt of your ia
Vor OF the 18th inst, in which you sub
mt the following, and ask my opinion
thereon: am informed that you re-
Gently gave an opinion to the registrar
Of Sanpete county to the effect that
by the naturalization of a man his wife
ana children became citizens with the
rlght TO vote; if so, will you kindly fur
nIsn me copy of the same, together
with your authorities in support there
OPP = + ~ 'iiei e
Keplying, permit me to say that the
opinion given by this office. and TO
which you refer, celated only TO the
VINE, whereas your suggestion includes
poth wife and children of the natural
lzeu person. l take it that you want to
De ADVISED as to whether the wife and
| cnIIdfen OF the naturalized citizen be-
| comes by reason of such naturaliza-
tion, citizens of this country with a
right to vote.
Section 1894, title %, of the revised
statutes of the United States of 1878
provides as follows: ANY woman who
Is now or who may hereafter be mar
IleQ 10 citizen of the United Statgss,
ana VINO might herself be lawfully nat
uraEzed, shall be deemed a citizen"
section PIP, eitLe 80, chapteq, 4 of the
revised statutes of the United STATES
OF 1873 provides that "The children Of
persons who have been duly natural
lzed under any law of the United
STATES or, who, previous to the passing
on amy law ON that subject by the gov.
eminent of the United States nav
nave become citizens of any one ot
Ihe states, under the laws thereof be.
ing under the age of q years ait the
Tune OF the naturalization of tbei,
parents, Shall, if dwelling in the United
States be considered as cifizens
thereof.
1t Will be observed from these two
sections that by virtue of the natural
lzaplon OF the husband, the wife be-
comes citizen OF the United States
and by virtue of the naturalization al
tne parents, the children who are resid.
ing in the United States and who are
under the age OF q years at the time
or such naturalization become citizens
Of the United States.
Ihere is a distinction, however. he.
tween citizenship and that of an cleo.
tor; citizenship is determined by the
law OF congress; the right to vote is
determined by the law of the state
wherein the franchise is to be exer.
cised
Section 2 of article 4 of the constis11.
tlon in relation to elections and the
right of suffrage, provides: Every
clhzen OF the United States of the age
of q years and upwards, who shall
have been citizen for ninety days ant
shall have resided in the state or ter
11Fo1y ONE year, in the county four
months, and in the precinct sixty days
next preceding any election. shall b,
! entitled to vote at such election, excep
as herein otherwise provided
Section 5 of the said article provides
No person shall be deemed a qualified
DGISOl
be citizen Of the United States
Section 6 Of said article provides
No idiot, insane person or person con
victed of treason, or crime against tn,
elective franchise, unless restored Il
civil rights, shall be permitted to vot,
/ at any election or be eligible to hold Of
flee i'm this state
You VIII therefore observe that tn.
/ first qualification of a voter is that h,
( shall be citizen of the United States
and then if he possesses the othel
necessary qualifications prescribed b,
the constitution and has otherwis.
brought himself within the provision
/ of chapter 126 of the laws of 1896, h,
would be entitled to vote
I have the honor to be, very respect
fully yours, A. c. BISHOP,
Attorney General.
N..r.,