An Account of the Proceedings on the Trial of Susan B. Anthony, on the Charge of Illegal Voting, at the Presidential Election in Nov., 1872, and on the Trial of Beverly W. Jones, Edwin T. Marsh, and William B. Hall, the Inspectors of Election by Whom Her Vote was Received.Anonymous
History
An Account of the Proceedings on the Trial of Susan B. Anthony, on the Charge of Illegal Voting, at the Presidential Election in Nov., 1872, and on the Trial of Beverly W. Jones, Edwin T. Marsh, and William B. Hall, the Inspectors of Election by Whom Her Vote was Received.
Anonymous
Anthony, Susan B. (Susan Brownell), 1820-1906 -- Trials, litigation, etc.; Election law -- United States; Women -- Suffrage -- United States
"Sec. 16. After receiving the answers of the person so challenged, the
board of inspectors shall point out to him the qualifications, if
any, in respect to which he shall appear to them deficient."
"Sec. 17. If the person so offering shall persist in his claim to
vote, and the challenge shall not be withdrawn, one of the
inspectors shall then administer the following oath: 'You do swear
(or affirm as the case may be) that you have been a citizen of the
United States for ten days, and are now of the age of twenty one
years; that you have been an inhabitant of this State for one year
next preceding this election, and for the last four months a
resident of this County; that you have been for thirty days next
preceding this election a resident of this Assembly district (or
Senate or Congressional district or districts, ward, town, village
or city from which the officer is to be chosen for whom said person
offers to vote); that you are now a resident of this town (or ward,
as the case may be) and of the election district in which you now
offer to vote, and that you have not made any bet or wager, and are
not directly or indirectly interested in any bet or wager depending
upon the result of this election, and that you have not voted at
this election.'"
"Sec. 18. Prescribes the form of oath to be administered to colored
men."
"Sec. 19. If any person shall refuse to take the oath so tendered, his
vote shall be rejected."
The defendants performed their duty strictly and fully according to the
statute.
The persons offering to vote were challenged; the defendants
administered the preliminary oath to them; all the questions required by
the statute were answered fully and truly; the challenge was still
insisted on; the general oath was administered by the defendants to
them; they took that oath, and every word contained in it was true in
their case. The inspectors had no alternative. They could not reject the
votes.
This statute has been construed by the Court of Appeals of this State in
the case of _The People vs. Pease, 27 N.Y. 45_.
In that case it is held, that inspectors of election have no authority
by statute to reject a vote except in three cases: (1) after a refusal
to take the preliminary oath, or (2) fully to answer any questions put,
or (3) on refusal to take the general oath.
_Davies_ J., in his opinion after an examination of the provisions of
the statute says:
Public-domain text, read in full here on John Shaqi.
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