Omaha daily bee., 1914-01-08
WILLIAMS MUST SHOW PROOF
Supreme Court Reverses Lower
Body in Registration Case.
OPINION BIZ JUDGE sEDGwICK
Election Comnissioner I'm Douglas
Enabled 60 Compel Foreign Born
Persons 60 subuiit NaturaIi-
satIOn Papers or COPY.

The Nebraska supreme court has re.
! versed the local district court In the case
! in which Father Williams. long resi-
! dent OF Omaha, sought 10 compel the cleo
tion commissioner to allow him t.
register, though he had lost his natural.
lzatlon papers.
/ An option written by Justice Sedgwick
upholds the election commissioner in re-
fusing tc register forelgn-born residents
who fail to produce written evidence Of
their naturalization.
As result OF the decision the, election
commissioner will accept the sworn
statement OF a voter that he was
born In the United States as. qualifying
him for registration, but Is enabled to
require men who admit they are OF for
eign birth TO produce documentary proof
OF the truth Of their statement that they
have been natuIalized.
District Judge English. who decided the
case In district court ruled that Il would
be unfair 20 refuse to accept the oath
OF a foreign-Dorn voter when sworn state
ments of native born citizens are not
questions. His decision is overthrown by
the supreme court.
/. Chapter 36, laws 1918 which. creates
Aht WhAAtt Oi NltfNIun NOfTNfnHalVntfr lnf
counties having a population OF 1bO.O0l
or more, places great responsibility and
imposes important duties upop- the cleo
ton commissioner. He Is required TO ex-
erclse many powers heretofore confined
2. II Ii the duty OF the election COM
missioner to determine whether the ap-
plicant for registration is or Is not en-
titled 10 vote. He Is not q court nor
judge. but he must consider evidence
and determine questions of fact and law;
his action is quasi judicial. and Inc is
gwen a reasonable legal discretion in
his investigation of the qualifications OF
persons applying FOR registration.
3. The purpose OF the act, chapter 36,
laws 1913, was to remedy the loose ana
careless practices that had prevailed la
conducting elections The electi1n COM
IN saoner Is not controlled by ,precedents
OF that nature. esd
4. "A registry law, 4. to be valid, gmust
be reasonable and impartial and calcu-
lated to facilitate and secure the con-
stitutional right Of suffrage, and not 20
subvert or injuriously, unredsOnably or
unnecessarily restrain, impair Of nnpccc
the right" State against Corner z
5. The election commissioned is not
obliged to require foreign born persons
who have been naturalized to submit and
leave with the commissioner his natiI-
raiization papers. IL tney arc presented
and the commissioner Is satisfied OF their
regularity he may return the papers 70
the applicant Tor registration. but IN
determining the fact OF naturalization he
10 not concluded by the oath or sworn
statement OF the applicant. Ha may re-
quire the production OF The papers or =
duly certified copy thereof.
! 6 Decisions which hold an absolute de-
nial OF the right to vote 10 all persons
whose names do not appear upon the reg
listration list Is Unconstitutional are not
! applicable. Our statute makes ample
provision for full Investigation by the
| 0loCtlnn COmmiaainneT and hla Hupef.
visors, which may be continued, II nee
essary, to the time the vote ID offered.
| 7. Whether the applicant for registra
tion ~ the record OF his naturalization
Is destroyed and he has lost his certlfi
cate thereof. can be required TO take ou
new naturalization papers or may Prov
the contents OF the record, as In ordInar,
cases OF lost or destroyed instruments
Is not decided,
Justice Letton did not sit in the case
being naturalized citizen having beef
born In Scotland.