Stanley Matthews

“ The words 'bigamist' and 'polygamist' evidently are not used in this statute in the sense of describing those who entertain the opinion that bigamy and polygamy ought to be tolerated as a practice, not inconsistent with the good order of society, the welfare of the race, and a true code of morality, if such there be; because, in the proviso in the ninth section of the act, it is expressly declared that no person shall be excluded from the polls, or be denied his vote, on account of any opinion on the subject. ”

“ The right of local self-government, as known to our system as a constitutional franchise, belongs, under the constitution, to the states and to the people thereof, by whom that constitution was ordained, and to whom, by its terms, all power, not conferred by it upon the government of the United States, was expressly reserved. ”

“ That no polygamist, bigamist, or any person cohabiting with more than one woman, and no woman cohabiting with any of the persons described as aforesaid in this section, in any territory or other place over which the United States have exclusive jurisdiction, shall be entitled to vote at any election held in any such territory or other place, or be eligible for election or appointment to or to be entitled to hold any office or place of public trust, honor, or emolument, in, under, or for any such territory or place, or under the United States. ”

“ The law of the territory then in force, being 'An act providing for the registration of voters, and to further regulate the manner of conducting elections in this territory,' approved February 22, 1878, made it the duty of the registration officers and their deputies 'to make careful inquiry as to any or all persons entitled to vote,' and ascertain in all cases upon what ground the person claims to be a voter; and it is provided that 'he shall require each person entitled to vote and desiring to be registered to take and subscribe in substance the following oath,' etc. ”

“ The counsel for the appellants in argument seem to question the constitutional power of congress to pass the act of March 22, 1882, so far as it abridges the rights of electors in the territory under previous laws. But that question is, we think, no longer open to discussion. It has passed beyond the stage of controversy into final judgment. The people of the United States, as sovereign owners of the national territories, have supreme power over them and their inhabitants. ”

“ And in entering upon the consideration of this point it is to be observed, in the first place, that the pleader has not in any of the complaints alleged, as matter of fact, that the plaintiff was a legally qualified voter, entitled to be registered as such. He has preferred, in each case, with variations to suit the circumstances, to aver the existence of specific enumerated qualifications, and the absence of specific and enumerated disqualifications, leaving it to be inferred, as a matter of law, that the plaintiff was a legally qualified voter and entitled to be registered as such. ”

“ Voters removing from one election precinct to an another in the same county may appear before the assessor at any time previous to the delivery of the registry list to 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. ”

“ Upon the hearing of the case, if said justice shall 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 the names of all such unqualified persons to the judges of election, and said judges shall strike such names from the registry list before the opening of the polls. ”

“ The prohibition against excluding any person from the polls, for the reason assigned, must be construed, with the additional injunction, 'nor shall they refuse to count any such vote on account of the opinion of the person casting it on the subject of bigamy or polygamy,' to apply to the action of the board in canvassing the the returns of elections, made to them by the officers holding such elections ”

“ He might in fact abstain from actual cohabitation with all, and be still as much as ever a bigamist or a polygamist. He can only cease to be such when he has finally and fully dissolved in some effective manner, which we are not called on here to point out, the very relation of husband to several wives, which constitutes the forbidden status he has previously assumed. ”

“ One man, where such a system has been tolerated and practiced, may have several establishments, each of which may be the home of a separate family, none of which he himself may dwell in or even visit. ”

“ And the clerk of said court shall make out certificates of said appointments, and transmit the same by mail or other safe conveyance to the persons so appointed, who, previous to entering upon said office, shall take and subscribe an oath to the effect that they will well and faithfully perform all the duties thereof to the best of their ability, and that they will studiously endeavor to prevent any fraud, deceit, or abuse at any election over which they may preside. ”

“ It shall also be the duty of each assessor, in person or by deputy, during the week commencing the first Monday in June of each year, at his office, to enter on his registry list the name of any voter that may have been omitted, on such voter appearing and complying with the provision of the first section of this act required of voters for registration purposes. ”

“ There is no greater objection, in point of law, to a similar inquiry for the like purpose into the fact of a subsisting and continuing bigamous or polygamous relation, when it is made, as by the statute under consideration, a disqualification to vote. ”

“ The person making the objection shall serve, or caused to be served, said notice upon the person objected to, and shall also make returns of such service to the justice before whom the objection shall be heard. ”