Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

MURPHY v. RAMSEY and others. PRATT v. SAME. RANDALL and another v. SAME. CLAWSON and another v. SAME. BARLOW v. SAME.

March 23, 1885

MURPHY
v.
RAMSEY AND OTHERS. PRATT
v.
SAME. RANDALL AND ANOTHER
v.
SAME. CLAWSON AND ANOTHER
v.
SAME. BARLOW
v.
SAME.



[Syllabus from pages 15-16 intentionally omitted]

In these actions, five in number, Alexander Ramsey, A. S. Paddock, G. L. Godfrey, A. B. Carleton, and J. R. Pettigrew, defendants in all, were persons who composed the board appointed under section 9 of the act of congress, approved March 22, 1882, entitled 'An act to amend section fifty-three hundred and fifty-two of the Revised Statutes of the United States, in reference to bigamy, and for other purposes.' 22 St. 30. E. D. Hoge, also a defendant in all the cases, was appointed registration officer for the county of Salt Lake, in the territory of Utah, by that board, in pursuance of that section of the act. The other defendants, one of whom is joined in each action, to-wit, Arthur Pratt, John S. Lindsay, Harmel Pratt, and James T. Little, were respectively deputy registration officers in designated election precincts in which the plaintiffs in the actions severally claimed the right to be registered as voters. The object of the actions was to recover damages, alleged to have arisen by reason of the defendants' wrongfully and maliciously refusing to permit the plaintiffs, respectively, to be registered as qualified voters in the territory of Utah, whereby they were deprived of the right to vote at an election held in that territory on November 7, 1882, for the election of a delegate to the forty-eighth congress.

In the case in which Jesse J. Murphy is plaintiff below and appellant here, the complaint is as follows:

'The plaintiff above named complains of the defendants, and, on information and belief, alleges that after the twenty-second day of March, 1882, and prior to the first day of July, 1882, under the provisions of section 9 of an act of the congress of the United States, approved March 22, 1882, and entitled 'An act to amend section 5352 of the Revised Statutes of the United States, In reference to bigamy, and for other purposes,' the president of the United States, by and with the consent of the senate of the United States, duly appointed the defendants, Alexander Ramsey, A. S. Paddock, G. L. Godfrey, A. B. Carleton, and J. R. Pettigrew, to perform the duties mentioned in said section to be performed by a board of five persons, and by virtue of said appointment they became a board of five persons with the powers named in said section.

'And, on information and belief, the plaintiff alleges that after such appointment, and prior to the first day of August, 1882, the last-named five defendants duly qualified as such appointees, came to Utah and organized as a board, and entered u on the exercise of the powers and the discharge of the duties granted and imposed by said section 9 of said act of congress; that after said organization said five defendants were commonly called 'commissioners,' and are hereinafter referred to and called the 'board of commissioners;' that said board of commissioners afterwards ordered, directed, and supervised a registration of the voters of the territory of Utah, for the general election in said territory, to be held on the seventh day of November, 1882, for the election of a delegate for said territory to the forty-eighth congress, and for such other elections as might be held prior to another registration of voters of said territory, and on or about the tenth day of August, 1882, the said board of commissioners made and published rules providing for said registration, for the appointment of registration officers and judges of election, and the canvass and return of the votes; directed said registration to be made during the week commencing on the second Monday of September, 1882, and, among other rules, willfully and maliciously made and published the following:

"RULE I.

"There shall be appointed one registration officer for each county, and one deputy registration officer for each precinct thereof.

"RULE II.

"Such registration officer shall, on the second Monday of September next, proceed by himself and his deputies in the manner following: The registration officer of each county shall procure from the clerk of the county court the last preceding registry list on file in his office, and shall, by himself or his deputies, require of each person whose name is on said list, or who applies to have his name placed on said list, to take and subscribe the following oath or affirmation: "Territory of Utah, County of _____, 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 immediatley preceding the date hereof, and (if a male) am a native-born or naturalized (as the case may be) citizen of the United States, and a tax-payer in this territory; (or if a female) I am native-born, or naturalized, or the wife, widow, or daughter (as the case may be) of a native-born or naturalized citizen of the United States; and I do further solemnly swear(or affirm) that I am not a bigamist nor a polygamist; that I am not a violator of the laws of the United States prohibiting bigamy or polygamy; that I do not live or cohabit with more than one woman in the marriage relation, nor does any relation exist between me and any woman which has been entered into or continued in violation of the said laws of the United States prohibiting bigamy or polygamy; (and if a woman) that I am not the wife of a polygamist, nor have I entered into any relation with any man in violation of the laws of the United States concerning polygamy or bigamy.

"Subscribed and sworn to before me, this ___ day of _____, 1881.

________,

"Registration Officer, _____ Precinct.

"And said registration officer, or his deputies, shall add to said lists the names of all qualified voters in such precinct whose names are not on the list, upon their taking and subscribing to the aforesaid oath, and the said registration officer shall strike from said lists the names of said persons who fail or refuse to take said oath, or have died or removed from the precinct, or are disqualified as voters under the act of congress, approved March 22, A. D. 1882, entitled 'An act to amend section 5352 of the Revised Statutes of the United States, in reference to bigamy, and for other purposes:' provided, that the action of any registration officer may be revised and reversed by this commission, upon a proper showing: and provided, further, that if the registration officer be unable to procure the registration list from the office of the clerk of the county, or if the same have been lost or destroyed, the said officer and his deputies shall make a new registry list in full of all legal voters of each precinct of the county, under the provisions of these rules.'

'That said board of commissioners also by rules, provided for the appointment of and appointed three judges of election for each election precinct in said territory.

'And, on information and belief, the plaintiff alleges that the defendant E. D. Hoge was appointed registration officer for the county of Salt Lake, in said territory of Utah, and the defendant Arthur Pratt was appointed deputy registration officer for the fourth election precinct of the city of Salt Lake, in said county, and that each accepted the appointment, duly qualified, and respectively acted throughout the said registration as such registration and deputy registration officer.

'And the plaintiff alleges that on the second Monday of September, 1882, the defendant Arthur Pratt, as deputy registration officer for said fourth precinct, in the city and county of Salt Lake, aforesaid, acting under the direction of the other defendants, commenced registering the voters of said precinct and making a registration list of such voters, and continued daily therein until the evening of Saturday of the same week, when the registration was closed.

'And the plaintiff alleges that he is a native citizen of the United States of America, and prior to the twenty-second day of March, 1882, was more than twenty-one years of age; that he has resided continuously in the territory of Utah for more than eleven years, and resided continuously in the fourth precinct of Salt Lake City, in said territory, for more than two years past; that he has, for more than ten years prior to the November election in 1882, lawfully exercised the rights and enjoyed the privileges of the elective franchise in said territory, and has, for more than ten years last past, owned taxable property and been a tax-payer in said territory, and that his name was on the last registration list of the voters of the second precinct, Ogden City, Weber county, Utah, made prior to the second Monday of September, 1882.

'And the plaintiff alleges that he has not, since more than three years prior to March 22, 1882, married, or entered into any marriage contract or relation with, any woman, or in anywise violated the act of congress approved July 1, 1862, defining and providing for the punishment of bigamy in the territories, and has resided continuously and openly in the counties of Weber and Salt Lake, Utah, for ten years last past, and has not violated any of the provisions of the act of congress, approved March 22, 1882, entitled 'An act to amend section 5352 of the Revised Statutes of the United States, in reference to bigamy, and for other purposes;' and that he has not, on or since the twenty-second day of March, 1882, cohabited with more than one woman, and has never been charged with, or accused or convicted of, bigamy or polygamy, or cohabiting with more than one woman, in any court, or before any officer or tribunal.

'And the plaintiff alleges that on the thirteenth day of September, 1882, he personally went before the defendant Arthur Pratt, then acting as deputy registration officer in and for the fourth precinct in Salt Lake City, aforesaid, and signed and presented to said defendant, and offered to verify, and requested the said defendant to take and certify, plaintiff's oath to the following affidavit, to-wit:

"Territory of Utah, County of Salt Lake–ss.: I, Jesse J. Murphy, being first duly sworn, depose and say: I am over twenty-one year of age, and have continuously resided in the territory of Utah for more than six months, to-wit, for more than eleven years last past; I have resided in the fourth precinct of Salt Lake City more than six months next preceding the date hereof, and now reside therein; I am a male native-born citizen of the United States of America, and property owner and tax-payer in said territory of Utah. I have, under the laws of the territor of Utah, exercised the elective franchise in said territory for more than ten years last past. I have not, within three years prior to the twenty-second day of March, 1882, or since, having a wife living, married another, or another woman; and I have continuously and openly resided in the counties of Weber and Salt Lake, in the territory of Utah, for more than three years prior to the twenty-second day of March, 1882, and I have not, on or since the twenty-second day of March, 1882, having a wife living, married another, or simultaneously, or on the same day, married more than one woman, or on or since said last-named date married or entered into any marriage contract or relation with any woman, or cohabited with more than one woman, or in anywise violated the act of congress entitled 'An act to amend section 5352 of the Revised Statutes of the United States, in reference to bigamy, and for other purposes,' approved March 22, 1882. My name is on the last registry list of voters of the second precinct, Ogden City, Weber county, Utah.

JESSE J. MURPHY.

"Subscribed and sworn to before me, this thirteenth day of September, A.D. 1882.'

'And at the same time the plaintiff requested the said defendant Arthur Pratt to put plaintiff's name on the registry list of voters of said precinct, and to register him as a voter therein. That the said defendant Arthur Pratt, acting under the directions of the other defendants, willfully and maliciously refused to receive said affidavit or to swear plaintiff thereto, or to register him as a voter of said precinct, but, on the contrary, willfully and maliciously struck plaintiff's name off the list of registered voters of said precinct, and left his name off the list of voters of said precinct, made at said registration. That afterwards, before the close of said registration, and on the fourteenth day of September, 1882, the plaintiff presented a duplicate of said last-named affidavit to the defendant E. D. Hoge, then acting as county registration officer for said county of Salt Lake, and informed him of the ruling and action as aforesaid of the defendant Arthur Pratt, and requested the defendant E. D. Hoge to correct and reverse said ruling, and to instruct the defendant Arthur Pratt to swear plaintiff to said affidavit and register him as a voter, and the said defendant E. D. Hoge willfully and maliciously refused to correct or change said ruling and action, and approved and affirmed the same. That on the sixteenth day of September, 1882, the plaintiff presented to said board of commissioners a duplicate of said last-named affidavit, and informed them of the action and ruling of the defendants Arthur Pratt and E. D. Hoge, and requested said board to reverse and correct said rulings and action, and to direct that plaintiff's oath to said affidavit be taken, and that he be registered as a voter of said precinct, and the said board of commissioners willfully and maliciously refused to correct or change said rulings, and affirmed and approved the same, and said last-named ruling was made before the close of the registration in said precinct, and when there was still time for plaintiff to have registered before the close of the registration.

'And, on information and belief, the plaintiff alleges that the defendants all knew that, unless the plaintiff's name appeared on the registration list then being made of the voters of said precinct, his vote would not be received at the election to be held November 7, 1882, or at any election until after another registration of voters. That at an election held throughout the territory of Utah, on the seventh of November, 1882, for the election of a delegate for the territory of Utah for the forty-eighth congress, the plaintiff went before the judges of election, in said fourth precinct of the city of Salt Lake, in the county of Salt Lake, at the place where the votes in said precinct were being taken, and offered to vote at said election, and tendered and offered to take the same affidavit, but the said judges refused to receive his vote, on the ground that he was not registered as a voter in said precinct.

'And, on information and belief, the plaintiff alleges that the defendants, and each of them, intending to wrongfully deprive the plaintiff of the elective franchise in said territory, willfully and miliciously, by the acts and in the manner aforesaid, refused the plaintiff registration as a voter, at the said registration commenced on the second Monday of September, 1882, and deprived the plaintiff of the right to vote at the election held in said territory on the seventh day of November, 1882, and at all elections under said registration, whereby plaintiff has sustained damage to the amount of twelve hundred dollars.

'Wherefore, the plaintiff prays judgment against the defendants for the sum of twelve hundred ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.