The herald., 1896-10-27
big jim" FOUND GUILTY
Of Murder With the Penalty Fixed at
Imprisonment for Life
A Cattle Thief From Caiaveras Seeks Relief
BY nabeas Corpus
Curiously Friendly Divorce Suit, Where
the Wife Rocks the Cradle While the
Husband Goes to Court-Miscel-
laneous Notes About Courts.

County Clerk Newlin, with regard to the
eligibility of certain electors to cast their
votes at the coming election, and which
was published in The Herald Of Sunday
last has given rise to considerable COM
ment.
The question put to the district attor-
ney does not appear to have been prop
erly understood by the public, in the
first instance, and decision of the su-
preme court had slipped the memory of
Mr.. Holton when he prepared his opin-
ion, albeit that opinion does not modify
his opinion with regard to those voters
to whom County Clerk Newlin had par
ticular reference.
In his letter of inquiry Mr.. Newlin
said: Il desire to know your opinion as
to whether or not if voters name ap-
pears upon the great register and does
not appear upon the proper precinct in
which he resides, is he entitled to vote
at the coming election or is he deprived
of his vote on account of not being reg
istered in the precinct in which he
lives?"
When the board of supervisors, not
long ago, redrew the precinct lines a
u.
illustration: Glendale had slice of ter
ritory taken off and Incorporated with
another precinct. Persons who had re-
sided in the territory Topped off, and who
were in every way eligible as voters,
may not have known what was required
of them and registered in the old pre-
cinct Right there the matter became
complicated and at first glance they
would lose their vote by reason of
oh nf rxytf ;,fxy
days next preceding the election, when
as matter of fact they had not changed
their residence at ALL
These cases are of the kind upon which
the county clerk wanted the district at
| torney to pass his opinion, but as in GER
tain quarters a wider application has
! bbeen given to Mr.. Holton's opinion than
| he himself intended, he yesterday
amended his opinion by an additional
| paragraph which makes the entire opin-
| ion now read as follows:
Section 1888 of the political code of this
state, as amended March, 1893, statutes
of 1885, p. 124, is as follows:
Every male citizen of the United
States, every male person who shall
have acquired the right of citizenship
under or by virtue of the treaty of
Queretaro, and every male naturalized
citizen thereof, who shall have become
such ninety days prior to any election. of
the age of 21 years, who shall have been
a. resident of the state one year next
preceding the election, and Of the county
in which he claims his vote ninety days,
and in the election precinct thirty days,
| and whose name shall be enrolled on the
| great register of such county fifteen
| days prior to an election, shall be quail
| flied elector of any and all elections
| held within the county, city and county,
| city, town or district within which such
| elector lives.
Sec. 2. All acts or parts of acts in con-
| fiict herewith are hereby repealed.
Sec. 3. This act shall take effect imme-
J diately.
This section has not been repealed nor
amended and is now the law governing g
| the qualifications of electors of this
| state l am, therefore, of the opinion
| that any person who is otherwise quail
| fed, who has resided in the election pre-
| cinct thirty days prior to the election,
| and whose name is enrolled on the great
register of this county, is entitled to vote
| at that precinct.
In determining the question as to his
residence in the precinct, will call your
attention to subdivision 3 of section
| 1888, winch reads as follows
| "A person not must be held by reason
| of having moved from one precinct to
another, in the same county, within
| thirty days prior to the election, to have
| lost his residence in the precinct so
moved from; provided, he was an elect
or therein on the thirtieth day prior to
| such election"
| 1t was held by the supreme court OF
| this state in the case of Russell VS.. Nc
| Dowell (S3 Cal, page S1) that this sub
| division ceased to be law upon the adop-
| ton of the new constitution, and that
under the new constitution residence
in his election precinct for thirty days
| preceding the election is just as essen
tial a condition to the right to vote as
| is residence in the state for one veal
| and in the county for ninety days."