Montana Attorney General Opinion 15-491

Opinion No. 491. Citizenship-Felony, Conviction of Un- der Volstead Act-Suffl-age-Elections -Registl-ation. HELD: A citizen of the United States who was convicted of a violation of the Volstead Act did not thereby lose his citizenship. The constitutional and statutory pro- visions of Montana, relating to right of suffrage, relate only to conYiction of felony under the laws of Montana. Hence, the right to register for popu- lar elections under the Montana laws exists unimpaired, and the continuance in force or the repeal of the Volstead .Act could 110t possibly affect the right. March 12, 1934. We can best deal with the question upon which you desire to be advised by quoting from your letter as follows: "Approximately two years ago there were filed in the office of the county clerk and recorder of Missoula COUIl- ty, certified copies of judgments ren- dered in the U. S. District Court, wherein the defendants were convict- ed of felonies for violations of the National Prohibition Act. As a con- sequence the names of these defend- ants were stricken from the registra- tion lists. Several of those whose· names were stricken have presented themselves and demanded to be regis- tered as voters since the repeal of the 18th Amendment. "I understand that the individuals have not been restored to Citizenship by any order of the President of the United States unless this was attempt- ed by some general order or pardon issued by him. "Would you please give me your opinion as to whether the repeal of the National Prohibition Laws would change their status so as to entitle them to be registered to vote or wheth~ er their status has been changed by any general pardon from the Presi~ dent." After a careful consideration of the law and the authorities it is our view that conviction of a violation of the National Prohibition Act, popularly known as the Volstead Act, did not result in or carry with it loss of citi- zenship. Under federal statutes it ,-eems that desertion in time of war of which the accused is duly convicted by court-martial is the only crime that entails forfeiture of all rights of citi- zenship. (See Sections 11 and 12. Title 8, United Staes Code Annotated.) How, then, is the situation affected, if at all, by the Constitution and laws of Montana? The amendment to Sec- tion 2 of Article IX of thc Constitu- tion, adopted by vote of the people at the general election held on Nm'ember 8, 1932, reads as follows: "Every per- son of the age of twenty-one years or over, possessing the following qualifi- cations, shall be entitled to vote at all gencral elections and for all officers that now are, or hereafter may be, elec- tive by the people, and, except as here- inafter provided, upon all questions which may be submitted to the vote of the people or electors: First, he shall be a citizen of the United States; sec- ond, he shall ha,"e resided in this state one year immediately preceding the election at which he offers to vote, and in the tOWI1, county or preCinct s1lch time as may be prescribed by law. If the question submitted concerns the creation of any levy, debt or liability the person. in addition to possessing the qualifications above mentioned, must also be a taxpayer whose name appears upon the last preceding com- pleted assessment roll, in order to en- title him to vote upon such question. Provided, fir~t, that no person convict- ed of felony shall have the right to OPINIONS OF THE ATTORNEY GENERAL 337 yote unless he has been pardoned or restored to citizenship by the GOI'er- nor; provided, second that nothing here- in contained shall be construed to de- prive any person of the right to vote who has such right at the time of the adoption of this Constitution; prodd- ed, that after the expiration of fiye years from the time of adoption of this Constitution, no person except citi- l'-ens of the United· States shall have the right to vote," Section 12263, Revised Codes 1921, provides: "The governor has power to restore to citizenship any person con- victed of any offense committed against the laws of the state, upon cause being shown, either after the ex- piration of sentence, or after pardon." It is worthy of note, perhaps, that the words "or restored to citizenship by the Go\-ernor," occurring in the amendment immediately after the words "unless he has been pardoned," are not found in the original section at all. It goes without saying that the gov- ernor has nothing whatever to do with the case of a person convicted of a crime against the laws of the United States. The power to pardon such per- son is vested in the President. The governor may pardon or restore to cit- izenship a person convicted of a felony denounced by the In ws of this state and when he does so such person, if pos- sessed of the necessary qualifications otherwise, may then exercise the right of suffrage. Since, then, a citizen of the United States who was convicted of a viola- tion of the Volstead Act did not there- Dy lose his citi7-enship, and since the constitutional and statutory provisions above quoted relate only to conviction of a felony under the laws of Montana, whatever may be said of Section 2 of Article IX of the Constitution before being amended, it is clear, we think, that his right to register for popular elections exists unimpaired. (United States v. Barnabo, 24 Fed, Cas. No. 14,522). Other cases more or less in point are Huber v. Reily, 5.'3 Pa. 112: State v. Symonds, 57 Me. 148, and Gotcheus y. Matheson, 58 Barb. 152. There being no loss of citizenship, it is hardly necessary to add that either the continuance in force or the repeal of the Volstead Act would not possihly affect the right. 'Opinion No. 493. ReJief--SetUement-Interstate Settle- ment-Legal Settlement-Residence. HELD: The phrase "interstate set- tlement" has no meaning in connection with Monana relief statutes, and the phrase "legal settlement", as used in some States, is practically synonymous with "residence" in Montana pauper statutes. To be entitled to relief one must, un- der Section 4531, R. C. 1\-1., 1921, as alllended by Chapter 19, Laws of the l~xtraordinary Session, 1933, have re- ~ided in the county to which he applies for a period of one year, except in cases of extreme necessity. March 13, 1934. 'Ve acknowledge receipt of yours of the 10th requesting an opinion from this office in the following matter: "Does the State of Montana haye any definite interstate settlement law? "WOUld settlement be acquired by residing in a county of Montana for ;1 period of one year, self supporting coming from another state? "WOUld you say the following which appears in our present settle· Illent pamphlet, is correct: 'A person must live six months in a county in this state in order to acquire a legll \ settlement and be entitled to public relief, except in case of severe illness'." The phrase "interstate settlement" has no meaning in connection with our statute's relating to public relief, and we doubt its having any application in '1ny other state. "Legal settlement" in some states, particularly some of the older states, is practically synonymous with the word l'residence" as used in our stat- utes relating to paupers. Chapter 19 of the Extraordinary Ses- sion of 1933-34 amends Sections 4531, 4532, and 4533, R. C. M. 1!)21, as for- merly amended, and now requires resi- dence of one year immediately preced- ing application for public relief before relief may be granted, except in cases of extreme necessity. If it is founll that the applicant for relief has not been a resident of the county °for one year, next preceding, the county boaI'll may pro\'ide transportation funds to move the applicant to the county where he resides.