The herald., 1896-03-10
MISTAKEN LONG BEACH
OFFICIAL

1HE HERALD ID III receipt OF COM
plant from Long Beach which, if we'll
founded, would seem to indicate that
some of the individuals appointed to
attend to the registration of voters in
smaller cities, have either an imperfect
understanding of the recent constitu-
tional amendment requiring an educa-
tional qualification in voters, or give to
the law construction that is strictly
private.
The complaint adverted to is that the
registrar of Long Beach has refused to
accord the right of registration to
citizen by the name Of James O'Brien,
on the ground that the said O'Brien
cannot read or write and therefore IN
der the constitution, as amended, is
disqualified from voting. 1t appears
that Mr.. O'Brien has been for many
years q citizen of the State of California
and has voted prior to the adoption of
the amendment under which the Long
Beach registrar claims to be acting, his
name being in the great register of
1890 This being the case, the denial
of his right to register in time for the
Forthcoming election at Long Beach is
plainly wrong, for the amendment call
ing for an educational qualification in
voters explicitly states that it's provis-
ions in this particular are not spplica.
bic to any persons having the right at
the time of the amendments adoption.
The amendment could not be, proper
ly, otherwise drafted. Neither consti-
tutional nor statutory provisions can
be made retroactive; they can apply
only to the future. and not to the past.
The qualifications requisite in an elect
or cannot be changed as to present but
only as to future electors.
The amendment, adopted November
Q, 1894, which sets forth the qualifica-
tions necessary in voter is Section l
of Article 2 Of the state constitution,
and reads as follows:
"Every native male citizen of the
United States, every male person who
shall have acquired the rights of citi-
zenship under or by virtue Of the treaty
of Queretaro, and every male natural
lied citizen thereof, who shall have be-
come such ninety days prior to any
election, of the age of twenty-one years,
who shall have been resident of the
state one year next preceding the cleo.
ton. and of the county in which he
claims his vote ninety days, and in the
election precinct thirty days, shall be
entitled to vote at all elections which
are now or may hereafter be authorized
by law; provided, no native of China,
no idiot, no insane person, no person
convicted of any infamous crime, 40
person hereafter convicted of the
missppropriation Of public money,
and no person who shall not be able
to read the constitution in the English
language and write his name, shall
ever exercise the privileges of an cleo
tor in this state; provided that the
provisions of this amendment relative
to an educational qualification shall
not apply to any person prevented by
. physical disability from complying
with its acquisitions, NOR TO ANY PER-
son WHO NOW HAS THE RIGHT TO VOTE,
nor to any person who shall be 60
years of age and upwards at the time
this amendment shall take effect"
Men who undertake to perform the
duties of registrars cannot too soon
scquaint themselves with the forego-
ing. 1t is respectfully commended to
the attention of the registrar of Long
Beach, which place, along with 9th er
cities of sixth class, will hold an cleo.
ton for local officers on the 18th of
next mouth. Know the law before you
attempt to construe it.