The record-union., 1898-08-20
Registration and the Constitution.

lion unless so desired, but as a guarantees
or good faith.-Eds.
Registration and the Constitution.
Eds. Record Union: 1t is enacted
in the fundamental law of the State OF
California that every native male CIT
izen of the United States, every male
person who shall have acquired the
rights of citizenship under or by vir-
tue of the treaty Of Queretaro, and
every male naturaIized citizen thereof,
who shall have been such ninety days
prior to any election, Of the age Of Il
years, who shall have been 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, shall
be entitled to vote at all elections which
are now or may hereafter be authorized
by law
The above quotation appears to be
such plain English that any ordinarily
studious boy in the second class in
grammar may anaIyZe it and determine
with certainty just what it means; for
there can be no two constructions put
upon it; it means just what it says
But our learned Solons have thought
it expedient to attach a lot of new and
odious conditions to the above which
I believe they call the Registration
Act" If the Constitution may be
overridden in this way when there can
be no doubt about it's meaning, we may
as we'll abolish the written Constitu-
ton at once and depend upon prece-
dents and decisions of the courts, as,
believe, they do in England.
But aside from constitutional rights,
how can the color of mans hair or Of
his eyes affect his right to the cleo
tive franchise? What moral right
have we to insist that a freeman shall
make public registration Of his natur-
al or accidental deformities or defects?
We might admit some moral reason
why a mans liability to assessment
and taxation might have some bear
ing upon his rights as an elector, for
If he is thus liable, such a man will
naturally be careful to not put it in the
power Of an incompetent or unscrupu-
1Ous person to sQuander the money
raised by taxation. Through the lib
erality of the elective franchise, many
persons find themselves in a position
to handle the public funds who never
handled their private affairs to make
more than a mere living. However,
there are exceptions to all general
rules. and it is not we'll perhaps to al
ways judge mans ability by what he
has acquired.
But though the quoted part of the
fundamental law appears to be a COM
plete statute in ITSELF where the quail
if1cations Of an elector are especially
and particularly pointed out and no
proviso made for improving new cOndi-
;-Jo
new conditions imposed upon the cleo
tor, and therefore there is no good rea-
son-except perhaps the dictate of COM
mon sense-why our legislators may not
add other conditions. They no doubt
overlooked one or two features that
distinguish men from each other, name
Iy; whether they are knock -kneed Or
bow-legged. This is a very important
feature, and might very readily distin
guish an honest man from a rogue. AS
for affecting a mans rights to the cleo
tive franchise, It would be of a piece
with the other added qualifications;
but like them it might enable a Sheriff
or a police officer to follow a rogue by
his picture.
Whether the courts have ever been
called upon to say whether the Consti-
tuition has in this case been violated,
or whether any person has demanded
his rights as an elector under Article
.. Section l of the Constitution, / am
not aware. But the language used in
the Constitution. after enumerating the
qualifications, Shall be entitled 10
vote at all elections which are now or
may hereafter be authorized by law"
IS so plain that it seems impossible to
put more than one construction upon
it. and that one just what it says.
Registration pure and simple, is all
right. It saves time, facilitates voting
and protects the voter in that 1t is evil
dence to the election board that his
right to vote has already been deter
mined; that he has the qualifications
named in the great charter. But even
simple registration, If undertaken as an
additional qualification Of voting, is
probably untenable, yet the voter who
might choose to register could use it
as evidence Of his right, when doubt
existed: otherwise he would have to
show the board his right to vote by
some other means. But when registra-
ton is made essential to the right Of
voting. il then becomes one of the
qualifications of an elector. And when
it includes such ridiculous nonsense as
the measurement of a mans stature.
the color of his hair anS his eyes, the
defor1nities of his body, whether nat
ural or ACCIDENTAL; in fact the taking
down Of all the marks and brands Of
free people and that, too, in the face
of the Constitution of the State, 1t
looks like a high-handed proceeding;
for a free people have always been
Jealous of Entertainments upon their
Magma Charta. B. RUSSELL
Oroville, August, 1898.