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
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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
"_It is seen, therefore, that the inspectors have no authority, by
statute, to reject a vote except in the three cases: after refusal
to take the preliminary oath, or fully to answer any questions put,
or on refusal to take the general oath. And the only judicial
discretion vested in them is, to determine whether any question put
to the person offering to vote, has or has not, been fully
answered. If the questions put have been fully answered, and such
answers discover the fact, that the person offering to vote is not
a qualified voter, yet if he persists in his claim to vote it is
imperative upon the inspectors to administer to him the general
oath, and if taken, to receive the vote and deposit the same in the
ballot box._"
_Selden_, J., who wrote in the same case, examines this question with
great care and reaches the same conclusion. He says:
"The course required by the statute, to be pursued where the right
of any person to vote is challenged, cannot be reconciled with any
discretionary power of rejection vested in the inspectors. (Citing
the statute as above quoted.) The inspectors are, first, to
administer what is called the preliminary oath, requiring the
person offering the vote to answer such questions as shall be put
to him touching his place of residence and qualifications as an
elector. The statute then mentions several questions which are to
be addressed to him by the inspectors, and authorizes such other
questions as may tend to test his qualifications as a voter. If he
refuse to take the oath, or to answer fully, his vote is to be
rejected; but if he answers fully, the inspectors are required to
point out to him the qualifications, if any, in which he shall
appear to them to be deficient. If he still persists in his right
to vote, and the challenge is not withdrawn, the inspectors are
required to administer to him the general oath, in which he states
in detail, and swears, that he possesses all the qualifications the
Constitution and laws require the voter to possess. _If he refuse
to take the oath, his vote shall be rejected._ Is not the inference
irresistible, that, if he take the oath, it shall be received? If
his vote is to be rejected after he takes the oath, why not reject
it before? _As I construe the statute, the inspectors have no
discretion left them in such a case_ (where the person offering to
vote is not shown by a record to have been convicted of a crime, or
by his own oath to be interested in a bet upon the election,) _but
must deposit the ballot in the box, whatever they may believe or
know of the want of qualifications of the voter. They are required
to act upon the evidence which the statute prescribes, and have no
judicial power to pass upon the question of its truth or falsehood;
Public-domain text, read in full here on John Shaqi.
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