, 1896-10-03

Of the proceedings Of the constitutional
convention Of Wyoming. l am Of the
opinion that this question was not only
fully considered by that honorable
body. but that the words "in English"
were purposeiy omitted from this par
ticular section.
When an inquiry II directed to ascer.
tain the purpose sought to be accomp.
'lished by a particular provision, It ma,
be proper to examine the proceedings
of the convention which framed the
instrument. and where the proceedings
clearly point out the purpose Of the
provision. the aid will be valuable and
satisfactory.
Cooley on Constitutional Limitations.
page 70. and cases cited.
The original draft of section 9 was
taken from the Massachusetts consti-
tuition. which provides: mo person
shall have the right to vote who sail
not be able to read the constitution In
the English language" At the time OF
the adoption of section 9 of article vi.
Of the constitution Of this state, the
words "of this state were inserted Aft,
er the word constitution" and the
words "in the English language" were
stricken out as they appeared in the
original draft.
In the debate which followed. 1t is
clearly indicated that the constitutional
convention did not wish to deprive in
telHgent emigrants coming to Wyo-
ming Of the right of suffrage, but simp-
ly intended to prevent an illiterate per-
son. whatever might be his nationality.
from exercising the right of suffrage,
excepting those who resided here and
were electors prior to the adoption of
the constitution, and in going this far,
Wyoming was far in advance of most
of the states of the union.
During the progress Of the debate up.
on this question, In the convention. Mr..
Smith Of Carbon county made the fol-
lowing statement: 1T Is unnecessary
to enter into any argument upon this
proposition. 1t has been gone over be-
fore and I think the members under,
stand it. I just want to say this about
the 1900 voters who cannot read this
constitution. The persons who have
been referred to are Just the element
we complain of in Carbon. in Sweet
water and Uinta counties. Now of
thoaa pooplo 7 Mould ~ay thot %hn
centage Is no greater than among lots
Of others. They cannot read In the
English language, but II we put It in
their language they can read It just as
well as we can, 70 it don't injure them
at all, 30 far al their qualifications are
concerned. and they will vote just as
we'll as other people"
Page 435 Constitutional Journal and
Debates.
And throughout the entire discussion
Of this question as reported on pages
370-394 and 407-437 Of the Journal and
Debates Of the Constitutional Conven-
ton. it was clearly indicated that the
members OF the convention understood
that the restriction applied to persons
only who were unable to read In any
language.
I might also suggest that whilel the
statute referred to in your first ques-
ton, paragraph 8 of section 81, was
passed by the legislature and made
effective by legislative act January 21,
1891, that no question was raised at the
election Of 1892 or in 1894. with refer
renee to the right of a person q
sing the other necessary qualifications,
who was able to read the constitution
of this state in his own language, but
who was not able to read It in the Eng
lish language. and certainly no new
question has arisen this year.
For all the above reasons l am clear.
ly OF the opinion that section 9 Of ar
ticle vi. Of the constitution OF this state
does not exclude any person from tho
right to vote who is able to read the
constitution of this state in his own
or any other language. In the event
of a challenge upon the ground that q
person applying to register or vote is
unable to read the constitution, either
In English or some foreign language,
stating the language, which ahidavit
should be duly c~orroborated by at least
two reputable electors. By adopting
this ~precautfon, illiterate persons would
not be given an opportunity to exercise
the right Of suffrage, and the manifest
object Of section 9 would be clearly car
ried into effect. Respectfully sub
mitted.
BENJAMIN F. FOWLER.
At. ,repy General.
For several months, l was troubled
with humor on my head which gave me
considerable annoyance, until IL occur,