Show HOW THEY DO IN IDAHO E S whittier district attorney for bingham county idaho has caused to be published the following instructions to the supervisors supervisor 8 registrars Registrar and sand judges of E lection election in bangham county idaho gentlemen having had several requests for my opinion regarding your duties in the coming registration and election I 1 take this method of replying to it at once and giving my views to you all I 1 think this matter can be best treated by dividing it and answering it in the form of chese quee gions let are members of the mormon church legal voters aud and entitled to register and vote in idaho 2nd and if not who shall be treated and considered as mormons cormons Mor mons bad 3rd what are the duties required by law of officers of election and this class of people to the first I 1 answer emphatically no they are nut not the reasons are set forth in section revised statutes of idaho and in section 1 on page 14 of the laws of the fifteenth session of the idaho legislate leg legislature islat u re amendatory of the above section and also in section 3 article 6 suffrage guf frage and election of the conati aution of the state of idaho all t three h ree of which are too plain to need abot quoting r ng or comment from me to the second I 1 reply all who i on january at 1888 were members of or affiliated with or aided abetted or encouraged the mormon church for reasons for this see section 1 page 14 of the fifteenth session laws cited above lu in support of that I 1 also quote decisions of courts and the proclamation of the governor of idaho as follows the court of idaho in chamberlain vs woodin woodill page advanced sheets of pacific reporter no 23 says in view of all the testimony MODY we must conclude with the court below that these people referring to the mormons cormons who withdrew from the church to vote on nov 6 1888 did not dot act bona fide that such withdrawal resulted from a concert of action most likely through the counsel of their leaders and for the sole purpose of evading the law and that they were not entitled to vote in wooley vs watkins pacific reporter page our supreme court also decided that the order organization or association known as the utah I 1 I 1 or regular branch of the mormon church teaches advises counsels and encourages its members devotees and others to commit the crime of bigamy or polygamy poy gamy as a duty arising from membership in such organization or asso association clation 11 governor G byrge rge L shoup in his election proc proclamation says the spirit and intent of the registration ratin law must be complied with theat the attention of county commissioners registrars and judges of election is called to an act of the session of the idaho legislature approved january 1889 entitled an act to amend section revised statutes enforced by registrars is tears and judges of election azg now w if these people were not voters on november ath 1888 as decided in chamberlain vs wo woodin odin they are not now if they were members of an inhibited organization in october 1888 as decided in the wooley vs watkins VV atkins case they are the same now and any of them offering to register or vote should be promptly refused per mission to do either to the third subdivision of the subject what are the duties of supervisors er visors registrars and judges of election under the law I 1 would say it is the duty of supervisors to see that the registration lists of their precincts are properly revised and cor corrected reTted before registration commence to keep a close watch on the doings of registrars aud judges of election and to see that each and every one who is allowed to register is a legally qualified voter and for tho the means of enforcing their authority they are to MOD hon wood united states attorney for idaho under whose immediate jurisdiction they are appointed and under whose direction they are supposed to act and to whom they should promptly report any attempt to evade the law jaw the duty of registrars is fully set forth in sections and of the revised be statutes of idaho they should study these carefully they will see from these sections and I 1 hereby instruct all registrars in bingham county that it is their duty to first put every applicant for i registration under oath as provided jn in first subdivision of section revised statutes of idaho and examine him fully under the various laws above referred to and decisions quoted as to his present qualifies eions as a voter and also as to his qualifications on january 1888 and especially as to his hia membership or affiliations at said date in any inhabited organization of which taw act of withdrawing Un october or of november fade facie evi evidence defice and to peremptorily refuse registration to all whose answers under oath do not dot fully satisfy such registrar that they are in the fullest sense of the word legal voters of the dutil duties es of judges of election are to see that all not legally registered or not legal voters do not get their ballots into the ballot box of their respective precincts at th into b coming state st te election in conclusion I 1 will say that all political parties in bingham county profess to only want a fair ballot and an honest count the county committee of the democracy at a late meeting passed a resolution as follows follow E res resolved alved that it is the will of thi this a committee and convention to conduct the county election strictly tv in accordance with the laws of idaho and of the united states as interpreted by the courts and we me call upon all officers of election to art act unqualifiedly in accordance therewith in the pe performance for mance of their dulies dalles all other parties should concur in the above resolution and so in conclusion I 1 express the hope that all officers of election will study the laws and decisions on which this opinion is fully and governing themselves thereby will give us ua an absolutely fair full and free ballot and fair and honest count of undoubtedly legal voters at the county election in bingham county idaho E S dist atty bingham co idaho idaho aug 30 1890 |