The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1910-12-03
ELECTION OFFICIALS MAY
INSIST ON EXAMINATION
Despite Affidavit That Person
Offering 10 Vote Can
Read and Write

That the election officials have the
right to compel persons included UNI
der the grandfather clause 10 submit
Naemselyes to Ga Educational test
unless they hal registered since The
passage Of the law August 3 1910,
Is the decision cf the criminal court
Of appeals In an opinion rendered by
Judge Richardson this afternoon
The actio rwas that OF a. j. Show,
tx parte, original proceedings by writ
of habeas corpus from Tulsa county.
AT the election OF November s, 1910
)ne A. F. Blakemore, presented him
elf to vote. AS his color was dark,
show, who was the election inspec-
or, asked Blakemcre if he Was Il
voter on January l. 1866, and II he
was qualified to vote under the
granifather clause all of which Blake
more answered In the negative. The
election officers then insisted that
ne read and write a section CT the
constitution, but this ne refused to
do. rendering to the judges an affi-
iavit that he could read and write
and was otherwise qualified as an
elector. Show objected and he was
not allowed TO vote. On November
0 the county attorney Of Tulsa coun-
ty filed an information against Show
in the county court, charging the in
spector with violation OF the election
Jaws by refusing the defendant the
right to vote. Show Immediately car
ried the matter TO the court of Grim
nal appeals. asking for writ OF
labeas corpus, which was granted,
he court holding that while the gen
elal rule Is that habeas corpus can
not be used to test the suiiciency -
IN indictment or information yet
where the indictment or information
is fundamentally defective In sub
stance so that IL charges no crime,
The party Is entitled to a discharge
either before trial cr after conyic-
lion.
AT the hearing the county attorney
vas aswed II he could amend his In
formation so as to snow that Blake
more had registered after the law had
beer passed and he said he could not,
IS Blakemcre had registered in July.
rhe Courts Opinion.
The court says.
Section IA OF Article 3 OF the state
constitution, being an amendment
adopted by the people at the election
held on August ?, 1910, prescribing an
educational qualification for certain
voters, Is self executive so that
the law went into effect upon it pas
sage ana the grandfather clause Is
now the law OF Oklahoma.
The question OF a persons educa-
ioral qualification should be deter
mined at the time OF registration II
registration Is required the presump-
tion is that they have done their duty
but that II the election officers be-
iieve the registration to be fraudulent
they then have the privilege Of ex-
amining the applicant.
AS TO the proper course fer election
officers to pursue The court says.
when ii appears that person Of
iering to vote irl a city OF the first
class has not registered since the
adoption of the constitutional amend
ulSUt tH August = i'lvt "hh "o' ~
on January /, 1866. or at some time
prior thereto, entitled to vote under
any form Of government and did not
on said date reside in some foreign
nation, and is not a lineal descendant
Of such person, the precinct election
officers may lawfully require such per
SON to read and write section Of the
constitution before permitting him TO
vote
in nutshell, the proposition IS that
II a person was allowed TO register af-
| ,er the election at which the grand
ather clause was passed he has pri-
ma facie right to vote. although the
| election officers may compel him TO
submit TO an examination II they be-
! live his registration was Illegal II
he has registered legally ard passed
an examination at that time, any Ell
ection officer insisting on his passing
another examination does 80 at his
| peril and II the person challenged
can prove that he has qualified, the
election officer Is guilty OF a violation
of the election laws.
II ----~------------------.--
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