The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-09-29
THE MANDAMUs CASE
Grounds on Which the Attempt
to Disfranchise Women
will be Made.
The Matter to be Discussed this
Evening.

oil At o ciOcE THIS evening Tie hlte
d native writ OF mandamus iesued c
= Registrar Z. I. Barton, Vi tn
county, ordering him TO strike irol
he registration lists the names {
female voters in this county is mad
returnabls. OF course ihe name
lave MT been stricken of, and there
lore the registrar will be eoneelle
70 show Cause why be has not CON
Jiled with the wit. " hstever rea
sons may be assigned Tor the reiusa
Slll Do resisted by tae counsel 10
geo. Maxwell, the petitioner. In
petition merely states that the NO
men are not lawful voters, and Oh
snis general assertion asks that thsr
names be erased, and the reasons
therefore, which will be given thi
eveniDg, are substantially as follows
| Session 5 Of the Organic Act pro
Hdes: THAT every Irec white NAL,
inhabitant above the age of q years
VINO shall have been a resident o.
said territory at the time of the pss-
sage OF this act, shall be entitled to
vote at the first election, and shall ne
eligible to any Office within eaidt, :
ritory; but the qualifications OF vote Z
and OF holding office 81 Ali subsequent
elections shall be such as s. all be
prescribed by the Legislative Assem-
| oily. froUided, That the right OF sut-
irage and OF holding Office shall be ex-
ercised only by citizens OF the
United States, including those recog-
|ulzed as citizens by the treaty with
the Republic of Mexico, concluded
February I'd, 1S4S." That portion
of the act providing that citizens shall
be free whites, is of course obsolets,
By the provisions Of tbs Fiiteens
Amendment; but the other portions,
that persons shall be 81 years OF age,
males and citizens of the United
States, are valid; and it will be
claimed that il is not within the
power of the Legislature to make laws
which conflict with these provisions;
il may prescribe, as is stated, such
other qualifications as are deemed ad.
Vlsable by it. such as length of resi-
dence in county, or the territory,
taxpaying. and even qualification
for reading and writing, but it has no
power whatever to pass a law which
shall allow person who is no. a
male, not citizen of the United
States aud not 81 years OF age-pro-
visions in the Organic Act-the right
oi suffrage.
In 1851 an election LAW, revised in
1859, was passed, which prescribed as
he qualifications of voters, that they
Ihould be citizens of the United
states, taxpayers, and that they
hould have resided in the county in
which they intended to vote for six
months prior to the election. This
Aw being agreeable to the Organic
Act, is OF course valid; but
n 1870 a Woman Suffrage Act |
vas passed and became law.
a this it is provided that any
roman over 81 years of age, native {
'orn or naturalized, or the wife,
7idow or daughter OF any native born :
r nsturslized citizen, may vote at +,
ny election. 1t is admitted that it :
Ias the intention OF the Legislature :
D comply with the requirements of /.
be law, but it is clsimed from the !
1evitable construction and operation
I the law that any woman coming to
lis country at any age over 81, or
eao~, who is the daughter, wife or !
'idow OF naturalized citizen, may B
e voter; that is, she may be wife, I
daughter or q widow of citizen, y
I'd not 81 years of age, and yet a b
sgal voter, which is in violation oil o
le Organic Act; or she may come to
lis country With her father when she /
over age, and her father may after 4
ards become a citizen, which, &C l
ordipg to the law, would entitle her
, vote. The law also gives her the
ght 70 vote without any tax qualifi- /!
alton; and it does not require her 10 {
sside in any county or precinct any !
,ecified period. This, it is claimed, 7
class legislation, and ia therefore 1
valid. Under this provision. any Z
lumber OF women may go from the 7
)nnty in which they live into one in L
hieh they have never been before.
.st their votes, and leave the next
sy, and yet their votes would be law
1t will be held that the right of =
omen to suffrage in this territory is u
legal, because the Organic Act says Q
lat only males shall be allowed 10 {
,te, and that the Legislature has no
over to pass an act chang
lg this requirement (; it may
lake any provisions within
le limit el that act, but cannot 60 >,
syond what it prescribes. In the =
vent that the court shall hold the 7
legislature has the power to grant s
oman suffrage, then the point will :
> urged that the law is void because +"
does not require women to be tax
ayers, to be OF the legitimate age. or
!, have resided in the county and
recinct in which they will vote q 7
,ecifed period, all OF which are
,quirej from males, and that it
,eat-s class legislation. This being
cid true, the court will be obliged
tner TO declare the act giving women
le right OF suffrage invalid, or to
scide that males can vote without
eng taxpayers, without being GER
lin age or without having resided in
rcoUni- or precinct . given time.
. other words women will have to I
srsised to the standard by which
len enjoy suffrage or men must be G
,wered to the standard By which !
omen possess the privilege.
II it be decided that the Or !
anic Act does not allow women to ,
ots, then women suffrage in this ter !
tory ends; il il is held that the :
legislature has the power to grant 7
nat privilege to her, but that the Law
invalid because creating class legis-
.tion, then the Legislature may pass ,
u act at some future time giving her
le privilege to vote; but il it be held
lat the woman is legal voter, the
regarding men must 6
e taken away where they are differ
ut from those oil females, and the
w, with the taxation portion in
peraiivs will stand, and woman
njoy her privileges az now.
Judges Mcbride and Rosborough
ave volunteered their services for the
stitioner in order to test the validity
the Law questioned.
One Of the points for the defend
= % IN tho ca.a vill he that tho oonrfl