South Bend news-times. (South Bend, Ind.) 1913-1938, 1918-10-28
FIRST PAPER MAN
NOT STATE ENEMY
Neither Indiana Constitution
Nor Federal Law DiSquaIify
Alien Enemies to Vote.
Times Special Service :

News-Times Special Service:
WASHINGTON. Oct. 2S.-That
the so-caIled election commissioners
OF Indiana. appointed by the gov
ernOr 10 define the state election
laws for the coming election. have
overstepped their bounds OF federal
authority and taken upon them
selves the revision Of the Indiana
constitution, Is the implied answer
given 20 the rules laid down by the
commission as they are construed
by the L. s. attorney generals Of
fee.
When the Indiana commission de
clared that residents OF that state,
born in countries now alien enemies
OF the United States, who have taken
out their first papers declaring their
intention 10 become citizens Of the
United States. will not be permitted
TO vote at the coming election. they
cOntrovene the constitution OF the
state OF Indiana and all federal au-
thority
Miller Case in Point.
In the case Of Mayor Fred c. Nil
Ter Of Michigan City, Ind. when
the department OF justice vas asked
TO interfere with his taking office
because he was not a fully natural
lied citizen OF the United States.
ard therefore an alien enemy tech
nically, as regards the United States
the department refused 10 do So
asserting that the constitution OF IN
diana permitting, as IL does. holders
OF first papers to vote, and 10 hold
Office. the United States had no right
20 intervene. Besides Il is the policy
of the government authorized by
law under the SABBATH bill passed
by the first session Of the present
congress, not to discourage full
naturalization OF subjects Of alien
enemy countries who have declared
their Intention to become citizens of
the United States and who have -
fact proven their loyalty.
When a subject of an enemy coun-
try who has declared his intention to
become a citizen OF the United
States. makes an application for full
naturalization by taking out second
papers. the government requires only
that II be given an opportunity to
investigate the loyalty of such appli-
cant, and the policy is that il upon
such investiga ton he proves loyal
in fact, the federal government will
not object to his full naturalization.
Concerned Only I'm Fraud.
The Indiana constitution provid-
ing as It does that the holders of
first papers may vote, an election
commission appointed by the COVER
nor can not set aside such constitu-
ton or the ground that the holder
Of such first papers, not having fully
renounced his allegiance TO an enemy
country. shall not be permitted to
vote. There Is no such thing as an
alien enemy to the state Of Indiana
and the election laws Of Indiana are
state affair. The federal govern
ment interferes only TO prevent
fraud in the use Of those laws in the
election Of federal officials such as
congressman, United States senators
and members of the electoral col
lege. Insistence on the part Of a.
Indiana citizen, holding first papers,
upon his right 10 vote under the con-
stitution Of that state, will not be
construed by the federal government
as a conspiracy to commit fraud in
the election Of federal officers, nor
will his vote be regarded as fraudu-
lent II fraud does not otherwise en-
ter into it, in case such vote IS cast.
While the department Of justice
bos declined 70 give out an opinion
directly involving the Indiana situa-
ton the above outline is in accord