The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1906-09-26
ON THE LAW OF
REGISTRATION
What it Means to be a Quail
fled Voter The En-.
abIirg Act.

Guthsie. Okla. Sept %. Leslie C..
Niback. Editor Leader Dear sn-In
pursuance to your suggestion in confer-
ence a few Days ago. send YOU carbon
copy Of my opinion 60 Hon. Jesse j..
Dunn Chairman Democratic Central
committee Of date Sept ). 1906. with
reference to certain provi -lons relating
10 the election for delegates TO the con-
stituuoaal convention. 1 have notice
OF hate considerable public discussion
upon this subject. which Is one. Of
course. Of vital Importance "a THO. hold
ing Of this election. II you desire to give
publicity to this opinion on the ques-
tion. you are at liberty to do go. Please
return me this opinion w1en you are
through with IT, Yours very truly.
a. c c. BIERER.
Guthrie, sept s, 19O6.-Hon Jesse j.
Dunn Chairman Democratic Central
committee Alva. Okla. My dear Mr.
Dunn:--ln answer to your request for
my opinion on certain questions relating
to the election for delegates to the con-
stitutional convention ulder the enabling
act of congress. approved June i6. 1906
/
ma. I answer
] First. That person. n order TO be
qualified to vote at said election, must
have resided in the precinct in which
he offers TO vote for thirty days next
preceding this election. Section of the
Enabling act among other things. pro-
vides.
THAT an male person over the age
cf twenty-one years. who are citizens Of
the United States or who are members
Of any Indian nation or tribe in said In
/ dian Territory and Oklahoma. and who
have resided in the limits Of said pro-
posed state fog at lease six months next
preceding the election. are hereby auth
orized to vote for ana choose delegates
TO form constitutional conven ion for
said proposed state. The elec-
tlon for delegates In the Territory uf
/ Oklahoma and in said Indian Territory
shall be conducted the returns made,
the result ascertained aud the ceru-
| hcates of an personal elected to such con
vention issued in the same manner as is
prescribed by the laws Of the Territory
/ of Oklahoma regulating elections for
delegates to congress. hat the cleo
1 ton laws OF the Territory of oklahoma
now ID force. as far as applicable and
not IN CONFLICT with this act including
! the penal laws OF said Territory Of Okla
homa relating to electiono ana illegal
voting. are hereby extended to and put
in force in said Indian Territory until
the legislature Of said proposed state
shall otherwi-e provide. ="
This congressional enactment IN plaza
and clear language requires this election
for delegates TO the constitutional con-
/ l,a... 49,.
ma and the Indian Territories unde- the
laws Of the Territory OF Oklahoml regu-
hating elections for delegate to congress
and then clearly and specifically puts in
force in the Indian Ter~ito-y "the cleo
tions laws Of the Terrific OF Oklahoma
now in force. "a far as applicable aad
not in conflict with this act"
These election laws 80 far as pertain
TO Oklahoma, OF course. we're already in
force and were "A part OF the machinery
for the election Of delegates to congress.
and these laws Of Oklahoma regulating
and governing elections are IN force for
this election 90 the fun extent OF all Of
their terms, us pertain to Oklahoma Ter
/ 'ito-y aad also as to Hlian Territory.
''as fag as applicable and not In conflict
! with" the enabling act.
Now II is true the enabling act does
not provide that the voter shall have
resided in the precinct vi ere he offers
| 70 vote for thirty days preceding this
/ election but the provision in this re-
spect IN the Oklahoma ctatute is not. in
my judgment. i'm coln ct with" the
enabling act ana ,his provision will be
! applicable to conditions In the India1
! Territory after the precincts shall have
been properly formed. as they must be
/ IN order 10 hold the election at ALL The
enabling act qualihes persons TO vote VIII 4
have resided within the limits Of said
proposed state for at least six months
next preceding the election" and de-
clares that the persons mentioned 'are
| hereby authorized To vote for and choose
delegates 10 form constitutional con-
vention" This authorization. howeve-.
fo- persons TO vote Is not in conflict
with the provisions Of the election laws
expressly recognized as in force in one
jurisdiction and placed n force n am
other jurisdiction regulating ana de-
nning whe~e such person should vote
ard how they should vote and an of the
terms and manne7 OF conducting such
election. The enabling ACT does not
meul to strife down the safe guards
provided hy the election laws ga Okla
hona for insuring an honest vota and
fair count at this election. The enabling
act does .iot provide tha voter shall
prove Dos affidavit his right to vote as
provided by the election laws of Okla
homa IL he shall be challenged when he
attempts 10 cast his ballot. but vet con-
gress ana not mean IN this legislation
that such prov ion safe-gua ding our
electioa shall be heli to be In conflict
with the enabling act which defines who
are qualified 90 vote at this election II
is undisputed that no person who has
not been resident OF Oklahoma for six
molths shall vote at this election II
f. manifest that congre's nten led that
this voter should vote IA the c9nstitu-
tional district In which Ia resides, fo-
although il did not say So it provided
Tor "A division OF the two territ Iries by
separate tribunals into constl utiOnal
districts Where IN either OF these ter
rtories must the voter have re sided in
order 10 vote at this election? Ii the
regulations in this respect in the Okla
homa election law are not TO p-eyan
then there Is nothing In this legislation
which provides where the person shall
reside within the territory IN , rder TO
vote, for the only language In this re-
spect Ia the act is "who have resided
within the limits OF said proposed state
for at least six molths next preceding
the election" But congress did not
mean by that that a resident Of Greer
county might vote in Logan county. or
vice Nqraa aud % .tI1 unf tnaan fbaf tho