The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1920-09-25
alien ENEMIES LOSE
RIGHT TO VOTE BY =
COMMISSIONS RULING

Alien enemies are denied the right
to vote in the coming elections, accord
ing to an opinion announced yesterday
by Maurice H. Tenant of counsel to
the state board of election commits
sioners at Indianapolis. The ruling
has been concurred in by w. H.
Thompson and w. w. Spencer Of the
state election board and sets forth the
provisions of law concerning the right
of other persons of foreign birth to
vote in a reply to an inquiry from
Hanna & Hall, attorneys at Delphi,
Ind. The opinion Is as follows:
A great many inquiries have been
made concerning the right of alien en-.
emies and Of other persons OF foreign
birth to vote.
THE legal committee Of the state
hoard of election commissioners, com
posed of W. w. Spencer and w. H
Thompson, has considered these. ques'
lions and transmits herewith its
opinion thereon. This opinion has
been concurred in by w. H. Thompson
and by Spencer of the state board Of
election commissioners.
THE naturalization laws Of Congress
provide among other things that after
seven years a declaration OF Intention
becomes void and person desiring &c
become a citizen Of the United states
is compelled to make a new declara
ton and start out anew. Said law also
provides that If a native born woman
marries a foreign born man, she be
comes an alien subject OF the country
of which her husband Is a subject
Also. that IL a foreign born woman
marries a native born man, she De
comes a citizen of the United states
The act of marriage confers upon hel
the right Of citizenship.
Stansbury's Ruling In 1913.
an the year 1918, the question o.
the right of subjects OF Germany ant
Austria to vote was considered by the
attorney general of the state O
Indiana, Ele Stansbury, and the state
board of election commissioners, ane
their opinion is as follows:
In compliance with the request tina
we furnish an opinion on the right o
an alien enemy who has declared MI
intention to become a citizen OF thu
United States, to vote at the com>ns
election in the state OF Indiana, W.
herewith submit the following opinion
THE right of suffrage in the state o
Indiana is derived from Sec. z, or Art
2 of the constitution of the state o
Indiana, which provides:
THAT every male citizen OF tn
United States of the age Of 81 year
and upward and every male or fore1gl
birth 81 years old and upward, VIII
shall have resided in this state 81!
months and in the township sixty day
and in the ward or precinct thirty days
Immediately preceding such election
end shall have declared his intention
to become a citizen of the Unite'
States. shall be entitled to vote in tn
township or precinct where he ma.
reside
I'VE are, therefore, of the opinion
Shat no foreign born citizen who is
subject Of any country with which tn
United States is now at war can legal
lv exercise the right of suffrage an
vote at the coming election in Indiana
whether he has declared his intention
to become a citizen or not.
U. S. Still at War;
"The United States declared wa
with Germany and Austria. the SUI
iects of Germany and Austria becam
alien enemies, and, as such, forfelte
all rights to participate in the aHan
of the United States, and as such, i
accordance with the above opinion II
sued in 1918, it is our opinion that tn
subjects of Germany and Austria ca
rot vote at this election, for there ha
been no treaty of peace signed of
tween the United States, Germany an
Austria. A state Of war stu exists a
this time between the United State
and Germany and Austria.
The following persons can not vot
at this election towit:
First-Subjects Of Germany and Au
tria.
Second-Subjects of Germany an
Austria who have declared their inter
ton to become citizens of the Unite
States.