_"
These views were concurred in by all the Judges. _Denio_, J., who wrote
a dissenting opinion in the case, concurred with the other Judges as to
the powers and duties of inspectors.
The defendants, then, have not in the least violated any law of the
State of New York. They performed their duty according to the statute
and in accordance with the decision of the highest court of the State,
and in accordance with the printed instructions furnished them by the
Secretary of State. What further can be demanded of them? No United
States statute prescribes or attempts to prescribe their duties. They
cannot legally be convicted and should be discharged.
3. Because no malice is shown. Whether the women were entitled to have
their names registered and to vote, or not, the defendants believed they
had such right, and acted in good faith, according to their best
judgment, in allowing the registry of their names--and in receiving
their votes--and whether they decided right or wrong in point of law,
they are not guilty of any criminal offense.
The substance of the statute is, as to registration:
"If any such officer shall ... _knowingly and wilfully_ register as
a voter any person not entitled to be registered, or refuse to so
register any person entitled to be registered .
Pages:
156
157
158
159
160
161
162
163
164
165
166
167
168
169
170
171
172
173
174
175
176
177
178
179
180