The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-09-17
WOMAN'S SUFFRAGE.
Judge Hunter Renders a Decision.
And Holds the Woman's Suffrage
Act is Perfectly Valid.

W 49, 6AfO LAAC AIAi LEAL VI bIC
decision ofhis Honor, Judge Hunter,
in the test case of the woman's
suffrage act. the decision was rem
dered on Saturday afternoon:
Tn the matter Of the application of
Florence WeStcOtt, for the 10rit Of
mQndQnuS, directed to William
Sh0WeH, deputy registrar Of CoteTS
Of the First Precinct Of Salt Lake
City, Comfy Of Salt Take and
TeTTitcTy Of Utah:
The applicant, Florence /. West
colt, asks for the writ of mandamus.
and presents her affidavit, in which
she sets forth, that she is female
citizen of the United States; native
born, and over 81 years of age; chat
she is the wife of Edward WestcOtt,
who is native born citizen of the
United States; thatshe is q resident
of the First Precinct of Salt Lake
City. Salt Lake County and Terri
tory Of Utah; that she has resided
over two years in said county, and
more than six months last past in
said First Precinct; that on the 18th
day of September, A. D., 1882, pur-
suant to the notice of William Sho-
well, the deputy registrar of voters
in and for said First Precinct, duly
commissioned, qualified and acting
as such registration officer in and
for said precinct, and then and there
before him she offered to register as
a voter according TO law, and offered
to take the oath prescribed by the
Statute of Utah applicable to
women or female voters, and also
the oath prescribed by the Commits
si0ners of Election for the Territory
Of Utah; and offered to prove that
she possessed all the qualifications
required by the act comforting upon
women the elective franchise passed
by the Governor and Legislative
Assembly of the Territory of Utah,
February 18th, 1870; and
that she was not disqualified by rea-
son of anything in the acts of
Congress referring to elections and
electors in this Territory, passed
and approved March q, 1882. She
further in said affidavit states that
she possessed all the qualifications
required under the Territorial act
and that she did no act or
acts contrary to the provisions Of
said congressional act or any act of
Congress; that she did at the time
and place aforesaid demand of and
from the said William Shovel that
the oath be administered to her and
said proofs taken, and that said
officer should enter her
name on the list Of persons quail
led to vote at elections in said
precinct.
That said William Shovel as
such deputy and registration officer,
hen ana there refused to admins
.er said oath and refused to receive
said proof, and refused TO register
Ter name as q voter on the ground,
Is he alleged, that there is no valid
authorizing women to
7Ote and that there is no valid au-
hority for the registering of women
Is voters in this Territory. She
,urther swearS that by said action
If said registration officer she will
Ie deprived of the right to vote cor
erred upon her by the statutes of
Utah, unless the said registration
officer be compelled by the Court to
said oath and take said
proofs.
Upon the filing of this affidavit in
he clerks office an alternative writ
If mandamus was issued in the
Usual form, nd~the case set down
% be heard on the 14th day of Sep
ember, AID, 1882, at 1 o'clock pm,
It which time the case was called
or argument, Sutherland and Nc
Bride appearing as counsel for the
and S. j. JOnasson, Sam
lei Merritt, ArthurBrown and J Judge
darkness for the applicant.
Sutherland and Mcbride, attor-
leys for respondent, filed a motion
% quash the writ on the grounds:
1st. The facts stated in the afida-
its and writ are not sufficient to
authorize the writ IN this.
I'd. The said applicant to be re-
,istered as voter is not and was
lot on the day mentioned lawful
Ioter, because she is and was a
Toman, and such person cannot
the elective franchise ex-
'ept by a direct violation of the
avs OF the United States.
The only question submitted to
he Court, and upon which argu-
nentS were heard, was as to the
or cOnstitutionality of the
act passed by the Governor and
Legislative Assembly Of the Terri
.ory OF Utah, approved February
2, 1870.
LIDO not deem it necessary in this
,ase to enter into discussion of the
questions which have been so often
discussed as to be almost thread
pare, involving the powers OF the
congress of the United States over
he territories Of the United State,
md will assume that as to all
Kings pertaining to this Territory
iuch power IS supreme. The divi- !
ion of the Territory Of the United
states into different parcels, defn- |
ng its boundaries and limits, and
giving to each particular parcel a |
lame, is the usual mode adopted by |
congress ii setting up a district |
Which in common parlance has come |
o be known by the distinctive term
At the time Of snch set
ing apart, the Congress OF the