The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-09-26
TO DISFRAKCaIsE WOMAN.
The Right Of Women to Vots Con-
tested by Geo. r. Maxwell.
Writ Of Mandamus on Assessor
and Register E. I. Burton OF
this County,
Ordering the Names of Women to
be Stricken from the Registra-
ton List.
The Question to be Argued on
Wednesday Evening.

1
Liberals bad threatened to contest tt
right of women in this territory
vote. They have publicly aserrs
their determination to make the rigl
OF women to vote in this territory OF
OF the points on which they Woul
contest the election OF the delegate
Congressional il, the delegate to
elected in November next, and haV
assumed verynaturallythAt the Libsri
candidate would not be the one. Tn
question OF the legality of the Law
this territory giving women the rigt
70 vote is not 9 new one, but has nevs
been finally decided by the coarts.
was one of the points raised in th
Tooele election mandAmus case, {
general notoriety, being brought u
by r. N. BAskin, Esq. before Judg
Emerson, who was then sitting in thi
district. but while the judge in b
decision, or during the discussion
referred to the question, it could nc
have been the subject OF q decisio
itseli, or it would not have been raise
again in the present issue. The quel
ton is simply whether g law whic
specifies snd provides different quail
6cstions for voters can be legal. i
our law the qualifications required c
male voter are materially difieren
from those required of female voters
and this, the Liberals hold to be IN
constitutional, as not placing q
voters On an equal footing and there
lore being invalid.
On Saturday Judge ]. r. McIIrid
appeared before te Supreme Cour
and read and affidavit of Gearge r
Maxwell. which is here given in full
In the Supreme Court Of Ua.
Territory:
Affidavit and Petition for Mandamus.
TERRITORY Ct UTAH, S.
COUNTY OF SALT LAKE. '0'
George r. Maxwell being first dull,
sworn according to law deposeB as fol
lows:
lam q citizen of the United States
native born, and more than 81 years 0
age. reside in Salt Lake City, Sal
Lake County, Utah Territory, and hav,
so resided for about ten years past.
own taxable property and reside in anC
have 90 resided for more than two year
past in the - precinct of said city ane
county. l further state that / am
duly registered voter on the registration
list of voters made in accordance will
the existing election and registration law
OF this territory.
further state that Robert T. BurtoI
is duly elected, qua flied and acting
assessor and regis er of voters in and fO
said county in this territory, and now a
such has in possession aud not returned
to the election officers Of any Of th,
precincts Of said county, the registration
list of voters for said county by him mad
for the present year as such registration
officer. I further state on information
and belief that said list contains tht
names CT the iollewing persons who are
not qualified or lawful voters, as l stat
on information and belief,viz., Emmelin,
B. Wells, Maria n. Blythe and Mrs A
G. Paddock and also large number Of
the names of women residing in the
various precincts of said Salt Lake
County, amounting 10 several thousand
in number, but the exact names hnC
number Of the same are 10 me un.
known; that being informed that sale
persons above named, and the names o
ether females to me unknown as above
stated, were and had been placed on said
list by said assessor and register q
aforesaid, /, on the Oath day of Septem
Der, A. ID. 1880, made demand In writ
ing upon the said assessor and register q
his Office and to his authorized and act
ing deputy then and their being, Il
strike off from said list Of voters tn
names aforesaid and the names Of 81
females found in or contained in ssiC
list, on the ground that the said persons
nor any of them, nor any woman baC
any right to vote; that said Blu ton, By
his duly authorized and acting deputy
then and there refused to comply will
said demard, aud said names Of said
persons, aa lawful voters remained, ant
yet remain, as 1 state on information ant
belief IN said registration lists as Lawful
voters in the county and precincts o
which they are listed.
And affi1nt alleges on his information
and belief, and so states the fact to be
that said persons named and all othe
women whose names are on said list q
aforesaid are not, nor are any OF them
lawful voters; and the retention OF sal,
names on said lista, such, mustbe and
violation Of the law and of the right
Of affiant as lawful voter, and Ct tn
rights of all other lawful voters.
That said Burton has until the let
day of October next to make his retur
Of the registration list of the variou
precincts, and that in the meantime sue
return may be mBde at any time, and ths
said list was completed by said officer o
the l9.h day Of September inst, 81
that affiaDt is informed and veril
believes that said officer declares tht
be will and intends to return said Iii
containing the names aforesaid, an
the nsmes of a large number
other women as voters, all of which woul
| be in violation of law and Of the rights (
afiant, and all other lawful voters.
Wherefore atfisnt praYs for relief
follows:
For writ of Inzudamus or mandate
be issued out of and from this cour
commanding and directing Robert
Burton, Assessor and Register of Vote
for Salt Lske County, Utah Territory,
erase and strike from the list Of voters
Salt Lake County, made by him, q
names Of the following persons, viz
Emmeline b. Wells, Maria M. Blyt
and Mrs. a. g. Paddock, and also Il
names of all women whose names there's
appear as voters, on the receipt OF sa
writ; or that be show cause before Ii
court, at the Federal Court Room, in q
Wasatch Building, Salt Lake City, Sa
Lake County, Utah Territory, on q
18th day Of September, 1880, at o'clo
pm ofssid day, why he has not done :
so that in the meantime the said ofhc
be ordered not to return said list By hi
, made, or any copy thereof, to any ele
I ton officer uotil the further order OF Z
court. GEO. X. MAXWELL
; Subscribed and sworn to
4 SEAL fore me, this 25th day OF Septe
Der, A. d. 1880.
j. mcknight,
Notary Public
After the reading OF this affida
9 the court issued the writ desire
3 making it returnable at the Fede
8 Court House, at z o'clock
Y Wednesday evening, at which ii
it is probable the whole question '
be discussed, or the discussion CO
n menced. Following is the text OF
Ie writ !:
q In the Supreme Court Of the TsITit
5. Of Utah.
s George K. Maxwell US. RobertT. Bur
y assessor and register of voters for
re Lake County, Utah Territory.
The People OF the United States OF
Territory Of U tah, to Robert 7. Bur
assessor and register of voters for
Lake County, Territory of q
greeting.
WheTeas, It manifestly appears &c