Page:Federal Reporter, 1st Series, Volume 6.djvu/836

 824 FEDEBAIi BEPOBTES. �ship election, and that this right was guarantied to the as- sailed person by the fifteenth amendment. The federal gov- emment can exercise only such powers as have been conferred upon it, and, however reprehensible the acte described in the indictment may be, unless they are done on account of race, etc., and under the authority of legislation which is prohib- ited by the fifteenth amendment, it is the exclusive province of the state to punish the offenders. The district attorney attaches importance to the language in section 5, "to whom ^the right of suffrage is seeured or guarantied by the fifteenth amendment," and contends that this phrase saves the section from the objection that was found to sections 3 and 4. He further insista that with proper effect given to this phrase the section means that persons who, by any of the methods therein mentioned, prevent or attempt to prevent citizens of the United States from voting at any election on account of race, etc., shall be deemed guilty of misdemeanor. Such lat- itude of construction iB not allowable, but if it were the objec- tion to the section would reinain, that instead of being limited in its operation to persons who act or elaim to act under pro- hibited legislation, it provides for the punishment of individ- uals acting for themselves, irrespective of state laws an^ in States where there is no prohibited legislation. The motion to quasb is sustained. ���United States v. Slater. �{Circuit Court, D. l'exas. April 14, 1881.) �1. Elective Fean hise — Residence — Constitution of Texas. �The contitution of the state of Texas provides that " every maie person * t * -who shall have resided in this state one year next preceding an election, and the last six months within the district or county in which he offers to vote, shall be deemed a qualified elector ; residence." ffdd, under this provision, that six months' residence within the district would be sufflcient to qualify an elector to vote for ail state and district offlcers. — [Ed. �Motion to Quash Information. ��� �
 * * * and tX[ electors shall vote in the election precinct of their