The daily Gate City and constitution-Democrat. (Keokuk, Iowa) 1916-1922, 1916-10-19
SOLDIERS
WILL Have VOTE
Attorney General cesson Rules That
Militia on Border Will be
able to Cast
ballots.
UNDER OLD Law OF 1885,

This Does Not Demand Registration
40 Does Newer Absent Voters
Law Passed Last
Year.
IBy United Pressl
DIES MONIES, Oct. 19.-Iowa's citi-
zen soldiers on the Mexican border
may vote under the law passed BY q
special session Of the ninth Iowa
general assembly in 1862.
This decision made Today by Atfor-
ney General Cosson will affect every
close result In Iowa in the election
on November because the votes
cast by the Iowa national guardsmen
in their camp near Brownsville will
have to be added to the votes cast
in Iowa. In close race from every
office from president to. township
officials, the soldiers votes may up
set the result shown on the face of
merely the ballot count in Iowa
proper.
In voluminous opinion given to
Governor Clark, Attorney General
Cosson held the law of 1862 to be
still In force. Cosson stated that the
governor was authorized to appoint
an election commission to 90 to the
border and provide the machinery
for the militia to vote there by coun-
ties and precincts. just as the folks
back home" will vote.
After the soldiers vote. their bal.
lots are counted in the same way and
~, 70 h0 YrUy
secretary of state, canyassed by the
state executive council and then
transferred to the various county
auditors to be added to the totals in
these respective counties.
Registration 10 Required.
The absent voters law passed by
the last Iowa legislature was held by
Attorney General Cosson not to apply
to soldiers in the field. The absent
voters law requires registration be-
fore voting but provides for no regis
tration by mail. Special registration
for the coming election would have
meant that legal voters in the ranks
OF the Iowa brigade on the border
could not vote because they could not
register.
But the old law OF 1862. passed for
the same purpose with respect to
Iowa's sons in the union ranks during
the civil war. does not demand spe-
cial registration. Every adult citi-
rem Of the United States among the
900 men in the Iowa brigade at
Brownsville, who has lived six months
IN Iowa and sixty days in county
and otherwise meets the legal re-
ouirements OF franchise will be al
lowed to vote on the border for Iowa
Offices from governor down and for
presidential electors.
cosson's opiniona
In outline, Attorney General Cosson
held,
i. That the act Of 1862 never was
expressly repealed.
). That while it did not appear In
either the Code OF 1873 or the, Code
OF 1897 it was a public and special
statute not repealed by them.
3. It was never repealed by impli.
cation and that the absent voters law
az 1918 was merely in addition to 9th.
er election statutes Of which the old
law Of 1862 was one.
4. That the use Of the word
white" in this old law did not IN
validate Il because the fourteenth
amendment to the federal constitu-
tion, enfranchising negroes, auto
matically cut out this word.
That the old law OF 1862 IL not
repugnant to any subsequent leg1sla-
ton.
Can Name Commissioner.
Therefore" said Attorney General
Cosson, II reach the conclusion that
the statute having never been ex.
pressly repealed by the adoption OF
the Code Of 1873 or the Code OF 1897.
and not being repugnant to any suose-
ouent LEGISLATION that the same Is In
snI1 force and effect and is to be con-
strued as being In harmony with our
General laws relating to elections:
That subsequent legislation shall APP
n1v so far as applicable and that
nothing inheres In the law itself
vh;ch renders It invalid or inopera-
tive.
az therefore reach the conclusion
that as governor OF the state you are
authorized to appoint the commas.
sioners as provided by chapter TWEEN
tv-efsht of the acts OF the Tenth Cen
sal Assembly (which amended the
original law passed by the extra ses-
s;o, Of the ninth) to see that the term
If the act are carried out, and that
tha soldiers are permitted to vote In
sccnrdance with said law
Attorney General Cosson's opinion
r,fed opinions by the state and the
nat;on supreme courts bearing on
everv phase OF the question
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