Murphy v. Ramsey Pratt v. Same Randall v. Same Clawson v. Same Barlow v. Same

• Decision Date: 23 March 1885
• Citation: 5 S.Ct. 747,29 L.Ed. 47,114 U.S. 15
• Parties: MURPHY v. RAMSEY and others. PRATT v. SAME. RANDALL and another v. SAME. CLAWSON and another v. SAME. BARLOW v. SAME
• Court: U.S. Supreme Court

114 U.S. 15

5 S.Ct. 747

29 L.Ed. 47

MURPHY v. RAMSEY and others.

PRATT

v. SAME.

RANDALL and another

v. SAME.

CLAWSON and another

v. SAME.

BARLOW

v. SAME.

March 23, 1885.

[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...