The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-10-11

agents.
The attorney general prefaces all his
opinions by stating that his office is not
authorized in law 10 render Official
opinions to private individuals or in
fact to county attorneys. This is made
the duty of the county attorney under
subdivision 6. section lis, laws of 1896.
Mr.. Bishop, however, answers all que
ries and the following are some of the
most important touching upon naturall-
cation and registration:
QueStion-Can a voter be registered
lawfully on any other days than those
between the tenth day and the thir-
tieth day of September, and Tuesday
and Saturday Of the week beginning
with the second Monday in October?
Answer-Section 6. of chapter 126,
page 3S1, of the laws of 1896, among
other things provides that 1T shall be
the duty of the registry agents, be-
tween the hours of o'clock a. M and
O'Clock p. m. of such days between
the tenth and thiT'tieth days of Sep
TENDER as may be designated by the
board of county commissioners of their
respective counties, in each year in
winch there is general election, to
personally visit every occupied house
in their respective precincts, and to re-
sons legally qualified and entitled to
vote at such election 1t shall
De the duty of the registry agents on
tuesday and Saturday during the week
beginning with the second Monday in
OCTOBER OF each year prior to the gen
efal election, at any time when called
upon at their respective Offices. which
must be located within such precinct
ana not elsewhere, between the hours
VI o CLOCK a. n. and 8 O'clock d. m.
on SAID days during said week to re-
CelVe ana register the names of all
persons legally qualified and entitled
u vote at such election, whose names
We're not registered during the house to
mouse canvass" Under this section.
II VIII be observed that the board of
COUNTY commissioners may designate
d lime IN Which the house to hol1se
canvass canvass may be made, but the time so
designated must be within certain linn
ltatlons, that is, il could not commence
sooner than s o'clock a. m. of the 11th
q Jay VI september, nor extend bevond
. COCK D. m. of the 29th day of Sep
t teiIoeT. might be any period of time
$500 Wen Is 'heSe two days. In the alb
sence OF any designation bv tg,a bca WI
OF county commissioners an, of 49, 49,, -
ION that the house to house canvass
mouio oeg1n at 8 o'clock a. m. ON tha
l.ei gay or Seotember and close at 3
I4och on the 18th day of September
WIZ also be observed that the nar-
suns desiring to be registered. whose
t t,e'liles were not registered during the
4tou9e 10 mouse canvass, may call unon
ene registry agent between the hours
~, CLOCK am. and 9 o'clock nm. of
l ues1ay and Saturday of a certain
. =, of ~ october as therein provided.
al VI opilllon that this opportunity To
register is limited to those narticI,1o1,
days mentioned and does not inclllda
the days intervening.
QueStlon-Does the marria ora of +l,o
Ihother Cnot CITIZEN of children of
dofelgn birth, to a citizen of the United
states, operate to confer citizenship
upon such children, provided they are
under Il years of age at the time of
such marriage?
AnsWer-The marriage of the mother
TO d citizen of the United States I'M
questlonably confers citizenship upon
her. Under section 1894 of the revised
statutes of the United States of 1878
she becomes naturalized by virtue of
the marriage. Section PIP of the re-
VlSed statutes supra provides, THAT
children of persons who have been
duly naturalized, if dwelling in the
United States at the time of the nat
uralization of their parents, and are
under q years of age, shall be consid-
cred citizens thereof" Under this sec
ton, L am of opinion that they would
become citizens by virtue OF their
mothers naturalization as aforesaid.
Question-Does the naturalization of
guardian operate to confer citizen
ship upon the ward?
Answer am of opinion that this
question should be answered in the
negative, there being no authority in
the law comforting citizenship upon
such grounds
Question-Does an alien soldiers GER
tificate of discharge confer upon him
Answer-No. But if he has been in
the regular or volunteer army and has
been honorably discharged, it entities
him, if 81 years Of age, to become a
citizen upon his petition without any
previous declaration of his intention to
become such, and he shall not be re-
quired to prove more than a years
residence within the United States
previous to his application to become
such citizen.
Question: man has a home in one
precinct upon which he has not made
final proof, and he also has a home in
another precinct where he resides most
of the time. In which precinct is he
entitled to register and vote?
Observation-Disclosures / of section II
of chapter 126, page 1888 of the laws of
1896, provides, in substance, that the
place must be considered and held to
be the residence of a person in which
his habitation is fixed, and to which,
whenever he is absent, he has the in
tention of returning.
Subdivision of said section provides
'The place where a mans family re-
sides is presumed to be his place of
residence" A change of residence can
only be made by the act of removal
Joined with the intent to remain in an
other place; there can be but one resi-
dence The answer to this question
would depend upon the facts in the
case. as to what was the intention Of
the narty in removing from one place
TO another. If the party goes upon the
homestead temporarily, with the inten-
ton of returning to what he considers
as his home, then his voting place
would be in the precinct IN Whlch the
latter was situated.
Ouestion-An alien woman married
citizen of the United States. After
wards her husband died. She there
upon married an alien, who subse-
Quently died. Is she at present cltl-
zen of the United States?
Answer-It seems TO be the settled
policy of the law that the citizenship OF
the wife shall follow that of her nus
band. Under and by virtue OF her first
marriage, she unquestionably became
citizen of the United States, and the
same policy which thus operated to
confer upon her citizenship in the first
instance, would, in the case of her sec
end marriage to an alien, operate to
change her status to that of her newly
acquired alien husband.
AS the death of her former husband
worked no dissolution of her allegiance