Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1896-09-23
CHILDREN OF ALIENS
Who QulIlil,d as Cltil,ns Before The
Maturity Of Offspring
ARE ENTITLED TO THE FRANCHISE.
The WIZ subj otto h sem fond loss
An Opinion } rom h. Atiorny
General.

Attorney denornl n. Y. Bishop 10
day transmitted 1, J. II. J.nnings
county attorney OF SEWER county, th'
following opinion affecting the s,aiu
Of wives and children Of nAlurahIe,
citizsns as regards the ffanohite:
Dear siu-I am In receipt Of youi
favor OF the 10Th inst, In which ytu
submit the following, AMI ask ms
opinion thereon. II ON Informed thai
you recently gave an opinion 10 tht
registrar OF 5anpeto county 10 the ef
fect that by the uatufaliEaiion u Z
man, bis wife and children btoamt
will you kindly furnish mo u copy oil
the same, together with your autnofl.
ties In support thereof"
Replying, permit ms 60 say that the
opinion given by tolls office, and "a
which you refer, related only 10 the
wife, whereas your suggestion includes
10th wife and children 81 the natural.
lied person. I take II that you want Ia
be- advised a. g. whether tho wife and
chlldrsn Of tho naturalssd citizen be.
Conner, by reason Of such nnturAlizi.
tion, oitlzins OF this country with y
right TO vote.
Section 1904, title rs OF the Revised
Statutes OF the United states Of 1875,
provides: "Any woman who IL now
or may hereafter be married 10 q Gilt.
z-n Of the United States, ana WIN
mi hi ! etself be lawfully nstufslE d,
email DO deemed n Citizen"
Section 2i72, titls so. chapter 4, Of
the Revised statutes u the UnitoG
Ststes Of 1878, provided that
''the children Of persons who
have been duty natufalizsd under
any law OF the United States,
or who, previous 10 the passing - any
law on that subject by the Cover insult
of the United States, may have become
citlksus Of any enc OF the Hiatee, under
the laws thereof, being under the age
OF tventy.ono years Al the time Of the
naturalization Of their parents, snail II
dwelling In this United States DO con.
sidrred n citizens thereof"
IL will be observed from these two
sections that by virtue Of the natural.
iziiion " the husband. the wife be-
comes n clilzin Of the United States,
aud by virtue Of the naiufaliEation Of
the parents tho children who arc 70.
siding IN the United States aud who
are under the age OF tweniy.oue years,
at tue time Of such naturalization be.
come citiEsns Of tne United states.
There u y Distinction, however, be.
tween clusenship anu that Of An eloc-
tor. CiuEcnship IL determined by the
law Of Congress; the right 10 vote IL
determined by the law Of the state
wherein the franchise ia 10 DO eKeT.
ciscd.
section 9 Of Article OF the Cons,i.
tuition In relation 10 elections aud the
light Of suffmge, provides; "Evory
citizen Of the United States " the age
OF twenty -one years and upwards, who
shall have been n citizen for ninety
days aud shall have resided In the
state or territory one year, In the coun.
" four months, hnd In tho precinct
sixty days neat preceding any cleo.
ton, snail be entitled 10 vote al such
election, except A. nerein otherwise
provided"
Section 8 OF the said article provide,.
"No person shall be deemed n qualified
olecloT OF this State, unless such per.
con DO \ citizen OF tho United Btates.0
Section Of the said article provides,
"No IDIOT, insane person or person
convicted OF treason, or crime against
the elective franchise, unless restored
10 civil rights shall be permitted 10
vote NJ any election or be eligible TO
hold oiliou In this State"
You will therefore observe that the |
nrst qualification OF a voter IL that he |
shall De n citizen OF the United Slates, |
and then " no POSSESSES the other |
necessary qualifications prescribed Ia |
the Constitution aud has otherwise |
Thought himself within the provisions |
OF Chapter l2b, OF the Laws Of 1895 he
would be entitled 10 vote.
have the honor 10 be,
Very respectfully yours,
a. Z. BIsuoP,
Attorney General,