The Saline County journal. [volume] (Salina, Kan.) 1871-1893, 1880-03-25
yta... and ,he sehe.l El.s,i,s.

on school questions which come up
underour second-class city act. In ord
er to present as much light rs possible
upon the question. it is desirable that
the matter should be thoroughly ven
tilated before the election comes of.
The official opinion of Judge Foster,
Us City Attorney, is submitted below
SALIVA, KS, March u, lSSa.
Hon. John Foster, City Attorney:
DEAR SIR: / desire TO be informed
rs to whether women have the right
to vote for school officers, or on school
questions, i'm cities of the seeOnd-class
las the sesond-class city act Is now
constituted. Will yea please submit
your official opinion on this subject
aud ObIige. Very Truly,
l.. r.. SAMPSON,
Member of the Board of Education.
SALINA, Ks, March ~, lsS'.
Nj, l.. T.. Sampson, Member Of the
Bourd Of Education " the city cf 81
lima:
DEAR SIR: Your favor PROFOUND
ing the question whether females in
cities Of the secOnd-class have a right
to vote or not Is received. 1t Is deli
cate question and one wish you had
not asked me, for the reason that A.
the law now exists do not think they
have legal right 10 vote. This same
question was put to me during the
election Of 1878, and I then expressed
An opinion that they hal no right 10
vote in cities Ofthe secOnd-ciass. After
wards nv attention was called to sec
ton =, Of article Il, Of chapter l222s Of
the session laws OF 1876 which chapter
is entitled: IAN act for the regulation
and support of common schools" and
is "a follows:
shall he entitled Ia vote at all elections
To the exceptions applied 10 males"
Said article Il il entitled ":chOOl
District ROnds.'. Article II Of said
chapter II. was then. as il is now, the
law for the regulation and support OF
common schools in cities OF the second
class.
Said section was i'm an unusual
place and had not noticed it. then
told all who asked my advice that
there was doubt about the validity Of
section 8, and doubt about its applica-
tion to said article IL. but that il would
i've ma well TO allow the ladies to vote
ON all school questions. II said section
had contained the word ..article" in
stead of "actu nv opinion would have
then heen the same as il Is now.
Rut said article Ii has since been re-
neaIe,l Inv section 9 of chapter ~ of ses-
sion Law. of 1879 and section s Is left
out
the question is whether women can
votS on schOOl questions i'm cities of the
secOnd-class.
The law for the support and regula-
tion of common schools i'm cities OF the
secOnd.class as it exists TODAY is article
n of chapter o.. complied laws of Kan
sas 1879. mage sic. and it will be nOtic-
ed that no word can he found therein
that will apply to females. Yet il pro-
yides for elections for member, of the
hoard of education. section :. and cleo
tions to authorize the issuing of bonds
for school DurDOses. sections "a and p.
These elections are to be decided BY
the "q,,aiifed rioters" and "gudiifed
electors"
A s.oualified elector- il defined by
section I. article 5. of the constitution
of Kansas which ia "a follows:
"Eyery white male person. of twen-
tv-one wears and inward. belonging to
either of the following classes, who
si,all have resided i'm Kansas 6 months
next preceding any election. and i'm
the township or ward i'm which he Of
fers to vote at least thirty DAYS next
proceeding such election, shall be DEEM
ed a qualified eiectOr. First, citizens
of the United States. Second, persons
of foreign birth who shall have declar-
ed their intention to become citizens
cOnformably to the laws Of the United
States on the subject NATURALIZATION"
"Only electors vote" a. T. & Santa
Fe Rid Co, VS. Com. Of Jefferson Co.,
IL, Kas. 80.
Said chapter 81 (which is the same
as said chapter l22, excepting said arti-
Gle l3 which is now said chapter 49,. il
entitled An act for the regulation and
suDDort of common schools. ''sand Is di-
vided into Is different articles as fol-
lows:
l. Duties Of State SUPERINTENDENT.
2. Duties Of County Superintendent.
3. School Districts.
1. District Officers.
5. District Schools.
6. Teachers institutes and cartii-
Gates
Z. Union or graded school districts.
6. School district libraries.
.. Fines and penalties.
10. Public schools In cities Of the
first-class.
II. Public schools i'm cities Of the see
ond-class.
IL. Public schools in cities of the
third class.
Il. School district bonds.
II. School lands.
Il, State permanent school fund.
10. State annual school fnnd.
Il. County school fund.
Is. Miscellaneous.
l notice section Q, Of article ., which
authorizes .female persons" To vote at
school district meetings, and section . |
of article IL which entities ..fen,ale-s Of
the age of twenty-One years" to vote ut
all elections for school district bonds,
aud under the authOrity and reasoning
of laurence rs Brady, - Kdx. u, they |
are probably both legal enactnients, /
but in my judgment have no applica-
ton to cities If the secOnd-class. I |
think any candid legal mind will come
to that conclusion BY careful exami-
nation of this entire chapter ".
1t cannot he claimed that a city Of |
the sense in which that term is used In |
this chapter.
c'.on ! !" aIuce 81 Every