City of Beardstown v. City of Virginia

Citations

• 76 Ill. 34

Syllabus

<p>1. Elective franchise —alien minors residents of the State April 1, 1848. The constitution of 1870 does not provide that all persons who at any time became electors by virtue of the constitution of 1848, shall be entitled to vote, or that every person who was or became an elector under that constitution, shall be so entitled. It only authorizes those persons to vote who were electors on the first day of April, 1848. Aliens who were minors on that day were not electors, and consequently are not made voters by the new constitution.</p> <p>3. Same—naturalization in county court. It was held in Knox County v. Davis, 63 Ill. 405, that the county courts of this State had no jurisdiction, under the act of Congress, to admit aliens to citizenship; but under, the new constitution, certificates of naturalization granted by such courts prior to Jan. 1,1870, entitled the parties receiving ^he same to vote, but not their minor sons after their becoming of age.</p> <p>3. Same—presumption in favor of. Where an alien born person votes at an election, the presumption that he is not entitled to vote arising from the fact of being alien born, is not sufficient to exclude his vote on a contest, but the presumption will be that he voted legally. The presumption of law against the fact of the commission of crime, will overcome the one against his right to vote arising from the fact of his foreign birth.</p> <p>4. Same—proof sufficient to overcome presumption of right to vote. But where a person of foreign birth, who was a minor when he came to this country, testified that he had never been naturalized, and did not know that his father had been, it was held, that this afforded prima facie evidence that such person was not entitled to vote, notwithstanding he had voted.</p> <p>5. Construction—words taken in their ordinary meaning. It is not allowable to interpret what has no need of interpretation, and where the words have a definite and precise meaning, to go elsewhere in search of con