Page:Federal Reporter, 1st Series, Volume 6.djvu/840

 828 FEDERAL REPORTER. �qualified electors of the state to vote for state and district officers, where their residence was not such as to authorize them to vote for county officers at the time and place of their offering to vote. �Our govemment is founded on the elective franchise. The right to exercise this franchise is declared, defined, and guar- antied by organic provisions superior to any of the depart- ments of the government. The legislature cannot enlarge it or restrict it, and can only regulate it so far as their authority to do so is expressly, or by necessary implication, given in the constitution. Much less may the courts presume to restrict it by construction. On the contrary, the whole spirit of our institutions constrains the courts to give our organic provisions, on the subject of the enjoyment of the right of suffrage, such a construction as will permit the most liberal exercise of this supreme right which is at ail reasonably consistent with the terms of those provisions. From a very careful consideration of the subject, I am of the opinion that, for ail that is shown in this bill of information, said J. P. Kramer was entitled to vote at the time and place mentioned, and that the motion should be sustained ; and it is so ordered. ���Oberteupfbe and others v. Harwood, and Petit, Gamishee. {District Court, D. Minnesota. , 1881.) �1. Gaenishsibnt— Intebkogation op Gahuisiieb. �A garnishee may be required to answer questions tending to show that he was party to a fraudulent assignment by the defendant in the suit. — [Ed. �Nelson, D. J. The gamishee declines to answer certain questions, under the advice of his counsel, for the reason "that the line of inquiry has nothing to do with garnishee proceedings," and the design is "to furnish information bear- ing on other litigation." �The object of the garnishee proceedings is to reach prop- ��� �