The record-union., 1898-03-25

nished by these provisions of the or
ganic law, the whole Act must give
way as failing to meet the require
lnents there laid down
The primary election provided fol
in the present Act is an election au-
thorized by law under the foregoinG
provisions of the Constitution. This
must be 50; for the law is mandatory
law. 1t has been directly decided TO
be an election referred to in the Con-
stitution. (Marsh VS.. Supervisors III
Cal, 3GS) It must be an election I'M
der this provision of the Constitution,
or the Legislature would have no power
TO provide that money should be taken
from the State and county treasures
TO pay the expenses of conducting it.
The validity Of any taxation looking
toward the raising of money for such
purposes would be absolutely void if
the elections provided for by the Act
are not elections recognized by and re-
ferred to in this constitutional provis
ion. These things being true, the Leg
islature has no power to deprive any
citizen Of the State who fills all the
requirements demanded by the sec
ton of the Constitution quoted from
voting at an election provided for by
this Act
In this country the right to vote
is recognized as one of the highest
privileges of the citizen. 1t is SO recog-
nized. not only by the citizen but by
the law; and any infringement by leg
islative power upon that right as grant
ed by the Constitution is idle legisla-
tiCn. II the Legislature has deprived
citizens of the right to participate in
the elections therein provided who are
qualified to participate under the Con-
stitution-aye, even if the Legislature
has deprived one citizen, so qualified, of
such right, the Act is void as an at
| tempted exercise of power it does not
possess
Among other things found in Sec
ton % Of the Act it is provided: Any
native born citizen who. since the last
general election, has become of legal
age, or any person who has become
naturaliZed since the last general cleo
ton, shall be entitled to vote at any
primary election; providing he has
made application to have his name
placed upon the precinct register of the
! county in which he resides. and of
which he has been a legal resident for
thirty days prior to any primary cleo
ton. 1t Will be seen by this provision
that all native born citizens who since
the last general election have become
of legal age and who have been legal
residents of the county for thirty days
prior to the election are entitled to
vote. 1t will also be observed that all
citizens who have become so by rea-
son of naturalization since the last gem
eral election and are legal residents as
aforesaid, are likewise entitled to vote
Under this provision citizens made
so by naturalization upon the day next
preceding the election would be en-
titled to vote. Such legislation is not
curtailment of the constitutional right
of suffrage, but an enlargement of that
right. That is, the Legislature has at
tempted to extend the right of suffrage
to certain classes of citizens outside of
those classes mentioned in the Consti-
tuition. If the Legislature has such
power, it could extend the right to
aliens, to minors and to women 1t has
no such power. The Legislature can no
more extend the right of suffrage to
persons not included in the constitu-
tional provision than it can deprive per-
application of the maxim, 'Expressio
unius est exclusio alterius' bears with
full force upon the provision of the
Constitution declaring who are com
petent to vote at elections authorized
by the laws of this State.
The legislation just quoted from the
Act bearing upon native born citizens
arriving at the age of y years after
10 aS.+
naturaliZed since the last general cleo
ton, is void, as being in direct contra
vention of the Constitution of the State.
This contraventiOn of the Constitution
consists in this, that a legal residence
in the county alone for thirty days
prior to the election is the only condi-
ton required by the Act whereas the
Constitution requires a legal residence
in the State for one year. and in the
county ninety days and in the precinct
thirty days. This legislation is also in
contravention of the Constitution in
this, that the naturalized citizen under
the Constitution, is not entitled to vote
unless his naturalization occurred at
least ninety days prior to the day of
election.
Section % of the Act provides: No
name does not appear upon the great or
precinct register of the county or the
city and county, used at the last gem
eral election held before such primary
election, in the precinct in which he
desires to vote as person entitled to
vote in such precinct, or unless his
name appears in the supplement to such
great or precinct register
Here is a direct, bold declaration
that only those electors whose names
appear upon the great or precinct regis |
ters or the supplements thereto used |
at the last general election are entitled |
to vote. In Section % we find that por- |
ton of the statute giving to certain |
naturaliZed citizens and native born |
citizens who have arrived at years of |
majority since the last general cleo !
ton the right to vote at the primary |
and providing the means by which they |
may have their names put on the great |,
register; but this provision of the law |
we have already held void as violative |
of the constitutional provision bearing |.
upon the qualification of voters The |
same section also provides that an cleo |
tor moving from one county to another /
since the last general election may Sc |
cure a transfer of his registration: but |
there are no means provided by which |
he may have his name placed upon the /
register used at the primary election |
Hence his transfer of registration |
avails him nothing. For no man may +
vote unless his name appears upon the |
register or supplement thereto.
Keeping in view the laws demands |
that no person shall be allowed to vote |