Upon this evidence I suppose there is no question for the jury and that
the jury should be directed to find a verdict of guilty.

JUDGE SELDEN: I submit that on the view which your Honor has taken, that
the right to vote and the regulation of it is solely a State matter.
That this whole law is out of the jurisdiction of the United States
Courts and of Congress. The whole law upon that basis, as I understand
it, is not within the constitutional power of the general Government,
but is one which applies to the States. I suppose that it is for the
jury to determine whether the defendant is guilty of a crime or not. And
I therefore ask your Honor to submit to the jury these propositions:

First--If the defendant, at the time of voting, believed that she had a
right to vote and voted in good faith in that belief, she is not guilty
of the offense charged.

Second--In determining the question whether she did or did not believe
that she had a right to vote, the jury may take into consideration, as
bearing upon that question, the advice which she received from the
counsel to whom she applied.

Third--That they may also take into consideration, as bearing upon the
same question, the fact that the inspectors considered the question and
came to the conclusion that she had a right to vote.

Fourth--That the jury have a right to find a general verdict of guilty
or not guilty as they shall believe that she has or has not committed
the offense described in the Statute.