Page:Rison v. Farr.pdf/5

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refused to permit him to vote at said election, whereby he was illegally deprived of the exercise of the elective franchise guarantied to him by the constitution of the state of Arkansas as a citizen thereof and a resident of said county of Pulaski.

The declaration was filed on the 11th day of October, A. D., 1865, by leave of the court below, and on the 12th day of October the defendants below entered their appearance, and interposed the following plea:

"Come the said defendants by attorney, and defend the wrong and injury when etc., and say actio non because they say, that when said plaintiff offered to vote, as in said declaration supposed, they as such judges of said election, as in said declaration mentioned, demanded of him that he should, before depositing his vote, take an oath in accordance with the statute in that behalf, that he would support the constitution of the United States and of this state, and that he had not voluntarily borne arms against the United States, or this state, nor aided, directly or indirectly the so-called confederate authorities, since the 18th day of April A. D., 1864, which said oath, the said plaintiff then and there refused to take, wherefore said defendants, as such judges as aforesaid, did then and there refuse to receive said vote of the plaintiff; as they might and as it was their duty to do for the causes aforesaid."

To this plea the plaintiff below demurred and assigned for cause of demurrer, that the statute relied upon by the defendants below, in their plea, is in direct conflict with the constitution of the state of Arkansas, and is null and void and furnishes no legal excuse for refusing the vote of said plaintiff below at said election.

The demurrer, upon argument, was sustained by the court, and the plaintiffs in error electing to rest upon their plea, final judgment was rendered in favor of the defendant in error; by his consent, by the court, a jury having been waived, for one cent damages and cost of suit. To reverse the judgment of the court below, the plaintiffs in