| Show q t I ANOTHER OATH The New Instructions to the Registration Regis-tration Officers i The Form of Oath Prescribed by the Commissioners I i A Document of Importance to Voters Below we print in full the new instruc tiens to registration officers issued by the Utah Commissioners this afternoon swill s-will be seen a new form of oath is prescribed pre-scribed and the whole document is one of importance to the voters of the Ter ritorv CIRCULAR FOIl TIE INFORMATION OF REGISTRATION OFFICERS I The recent decision of the Supreme Court of the United States makes it i necessary for the registration officers in Utah to be informed as to the points decided de-cided so far as they relate to the discharge dis-charge of their duties Among the points decided are the following 1 The registration officers are required to exclude from the registry lists every man who is a polygamist or bigamist and every person cohabiting with more than one woman They are also to exclude every woman cohabiting with any of the persons described as aforesaid 2 A bigamist or polygamist in the sense of the eightn section of the Ed munds law is a man who has entered into the state of plural marriage at any time in the past and still maintains that relation rela-tion it not having been dissolved by death divorce or other effective man nerand he is still a polygamist even though he restricts his cohabitation to but one woman 3 I a man has married several women and he has died the surviving women i 5 otherwise registered qualified are entitled to be 4 I in such a case all the wives oral or-al but one have died or been divorced the man is entitled to be registered I 5 The first or legal wife is not entitled to be registered if at the time she offers to register she cohabits with a bigamist or polygamist unless the other wives are dead or divorced nor is she to be registered if she cohabits with a person I cohabiting with more than one woman 6 The disfranchisement operates upon the existing state and condition of the person and not upon a past offense I is therefore not retrospective He alone is deprived of his vote who when he offers to register is then in the state and condition of a bigamist or polygamist orS i or-S then actually cohabiting with more than one woman But a bigamist or polygamist is such a person as is described de-scribed in paragraph two above which see The registration officers are required re-quired under the law to exclude all illegal voters and the different methods by which this may be effectuated are thus set forth in the opinion of the Supreme Su-preme Court The Act of March 22 1882 created the additional disqualifications which i have been mentioned and which of course are not met by the oath as prescribed pre-scribed by the Territorial Act of 1878 and it is not consistent with the express provisions of the Act of Congress that every person willing to take the oath in the form prescribed by the Territorial Act shall b permitted to register asa as-a voter Either the oath itself must be regarded merely as a model t b modi tied by the operations of the Act of Congress Con-gress so a t meet by appropriate denials de-nials the several now disqualification xsieated by i and then t be taken with the prescribed efifeot of entitling the per f won subscribing i t register aa a voter without other proof or olse the effec Ii of the Act of Congress is to limit the class entitled to take the oath in the form prescribed by the Territorial Act with the effect thereby given to it to those who not the are subject to disquali fications which the Act of Congress imposes im-poses The existing laws of the United States and of the Territory under which the election officers are bound t perform their duties must include the Act itself which provides for their appointment and defines their duties and if they have not the right to exact an oath different from that the form of which is given in the Territorial Act they must otherwise satisfy themselves that persons offering to register are free from the disqualifications disqualifica-tions defined in the Act of Congress In doing so they are of course required to exercise diligence and good faith in their I inquires and are responsible in damages for rejections made without reasonable cause or maliciously TT In order to conform to the requirements of the Acts of the Territorial Legislature in reference to the registration of voters with the Act of Congress as construed by the Snpreme Court and also t secure uniformity of action the following Jmg gestions are made as to the mode of procedure pro-cedure 1 The county registration officers should forthwith procure from the clerk of the county court of their respective respctive counties the last preceding Registry list on file in his office and by himself or deputy on the second Monday in May proceed to the revision of the same and for this purpose visit every dwelling house in each precinct and make careful inquiry if any person whose name is on this list has died or removed from the precinct or is otherwise disqualified a a voter of such precinct and i i so to erase the same therefrom or whether any qualified voter resides therein whose name is not on his list j and i so to add the same thereto The following forms of affidavits are suggested for use in the above cases and these may bo changed by the Registra ton officers upon whom the Supreme Court decides the responsibility rests by i erasure or otherwise if in their judgment j any change is required keeping in view the fact that all polygamists and others disqualified by the Act of Congress must be excluded FORM OF OATH OF MAN TERRITORY OF UTAH COUNTY OF f j ss I being first duly sworn or affirmed depose and say that I am over twenty one years of age and have resided In the Territory of Utah for six months and In the precinct of one month im mediately preceding the date hereof and I am a native born or naturalized as the case may be citizen of the United State and a tax layer In this Territory and I do further swear or affirm that I am not a bitramist nor a nnlv gamut and that I do not cohabit with more than one woman Subscribed and sworn to before nmthis day of i 153 Registration Offices f Precinct l SI FORM OF OATH FOR A WOMAN t TERRITORY OF UTAH J COUNTY OF f j ss J being flratduly sworn or affirmed depose and say trstduly over twentyone years of age and have resided in the Territory of Utah for six Terriory Uth months and in month the anl precinct of one month im mediately preceding the date hereof and am 0 native born or naturalized or the wife widow or daughter n the case may be of a native born or naturalized citizen of the United I States Unied I do further solemnly swear or affirm that I am not cohabiting with 8 bigamist polyg amiht or any person cohabiting wlthmorethan I one woman Subscribed and sworn to before me this day of 1SS 1 Registration Officer for Precfttct I f JjC < J r 1 NOT EThe Registration Officer or his Deputy should erase from the clause between icractetb sucn parts as are not applicable to the case In every case the female should swear that f she was Pventyone years of age otherwise she should not be registered i 2 And said registration officer y mis I deputies should strike from Bid list the names of all persons who he has reason I to believe have become disqualified to I vote under the act of Congress approved March 22 A D 1882 entitled An Act I to amend Section 5352 of the Revised Statutes of the United States in reference to bigamy and for other purposes s 3 The registration officers and their deputies should carefully preserve the icgistration lists for each precinct for use i at the June revision 4 The first revision prior to June in precinct COUflt precnct count should be performed within days 5 The county registration officers and their deputies will receive compensation as follows For county registration oln cers 4 per day j for each deputy registration regis-tration officer 3 per day j the compensation compen-sation to be paid for the time during which said officers have been necessarily employed in the discharge of their dutesThe G The law requires each county registration regis-tration officer in person or by deputy during the week l commencing the firs Monday in June at his office to enter on his registry list the name of any voter regsty that may have been omitted on such voter appearing and making affidavit and to strike out the name of any disqualified dis-qualified voter 7 Upon the completion of the lists each registration officer should prepare triplicate lists in alphabetical order for each precinct containing the names of all registered voters one of which lists should be fed in the office of the Clerk of the County Court on or before the 1st I day of July next one list to be posted up in each precinct at least fifteen days before be-fore the day of election at or near thQ place of election and the other list transmitted trans-mitted by him to the judges of election of the several precincts for use at the polls and the affidavits of voters should be transmitted mission to the secretary of the Com 8 The law authorizes voters removing from one election precinct to another in the same county to appear before the registration officer at any time previous to the filing of the lists in the office of the Clerk of the County Court and have their names erased therefrom and they may thereupon have their names registered in the precinct to which they may remove 9 Prior t each election the registration tion officer of each county should cause to bo written or printed a notice which shaH designate the office or offices to be filled and stating that the election will commence com-mence at designating the place for holding polls one hour after sunrise and continue until sunset on the day of 1885 I Dated at on this day of A D 1885 x Registration Officer A copy of which should be posted up at least fifteen days before the day of election in the three public places in the precinct best calculated to give notice to all the voters I is the duty of the registration officer to give notice on the lists posted as aforesatd that the deputy registration officer of such precinct will hear objections to the right to vote of any person registered until sunset on the fifth day preceding the day of election Said objection shall b made by a quail fied voter in writing and delivered to said deputy registration officer who shall issue a written notice to the person objected to statins the place dav and hour when the objection shall be heard I The person making the objection shaH serve o cause1 to b served Bid notice I on the person objected to and shall also make return of such service to the deputy registration officer before whom the ob jection is t 1x3 heard Upon ihe hearing I I of the case i said officer ehall find that the person objected to is not a qualified voter he shall within three days prior to the election transmit a certified list of all such disqualified persons to the Judges Election appointed by the Commission j and said Judges should strike such names from the Registry lists before the opening of the polls 10 The registration officer for each county snoiuu as soon as may beaftor his appointment transmit to the Secretary of the Commission by mail at Salt Lake City the names of three persons who are proper and eligible persons to act as I judges of election in each precinct of the I county for the information of the Commission I Com-mission I in any precinct any pOrson appointed judge declines to serve or fails to appear the deputy registration officer ofcer of the precinct should by appointment fill the vacancy and the person so ap pointed will qualify as herein provided Said registration officer shall immediately transmit the oath of the person so ap pointed together with tho name of the person decline to serve to the Secretary of the Commission 1 The registration officers and their deputies should each before entering upon the discharge of his duties take and subscribe an oath in substance that he wll support the Constitution of the United States and will faithfully and impartially im-partially perform the duties of his office ofce as herein defined and that he is not a bigamist or polygamist jH and in order to secure pay for their services they should immediately transmit said oaths to the Secretary of this Commission t For the Commission ALEX RAMSEY Chairman SALT LAKE CITY April 211885 |
