The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-09-15


unlawful one. 1t is undouhted
shat Congress gave 60 the LegisIa-
GuFe OF the territory the right to pre-
scribe che qualification of voters
after the first election. Admitting
this TO be a correct idea, the ques-
ton is, has this power been inpro-
perry exercised in giving Go females
the right 10 vote? Here thes speaker
cited authorities. The section of
1853 ana teat Of 1870. nOtWithstand-
ing the Argument Of Judge Suther-
lana 10 the cont: ary, tbs two acts,
are upon the same subject for the
reason that both relate 10 the rig;tt
or suffrage It is said that because
dllleFenG burdens are placed UJOn
males lIom those upon females,
that they, the laws, lack uniform
1ty. Colonel Merritt then quoted
from Il decision by Judge Emerson
IN She case OF Lyman against Mar
tin, which bought up the same
question. In this decision, accord
ing 10 the construction OF Colonel
Merritt, Judge Emerson held that
the provision which required males
TO be taxpayer, while fem lies had
no such burdens imposed ufOn
them not being uniform, was void.
II t1aJ be true, this question Is
wholly out of the court. ana
can hold no position. saw
that 10y reading the law any
tair construction Vii make it q re-
quiIemenS on the part of fem Is
mat they must be q years OF age:
this Del g So, and il is but fai1 and
just construction that there is 40
discrimination il this respect. 1t IS
not reasonable to suppose that the
Legislature would have SUCH an IL
teutiOn us thai declared Ey opposing
counsel; the Leg stature would nos
think of doing such thing IS
would jnTaliddte their election and
be in the teeth Of the laws OF Con-
gress. Therefore, under the rules
OF the construction, that where q
or unreasonable construl-
ton can be put on an act. where it
may appear valid Or invalid, the
courts must accept the reasonable
and valid construction. Congress |
has never disapproved the act, |
therefore 1t has been by judicial in
approved. But hold that |
Congress has actually ratified the |
act comforting the right of suffrage |
III women III the territory, in the |
hdmunds bill, where it reads IS fol-
ows:
SIC. S-Thet no pOlyEsTist. bigamist, |
n any person cOhabiting III more than |
,ne woman, and 10 woman eOhabItinr |
9Th any OF the persons described as /
in this seCtien, In any terri
DRY or other plsce over which the United |
States Fave exclusive Jurisdiction, shall
Je ensltI 60 vote At any election held in
rs och erritOrg or ether place. or DC
'lixiti election or sppOintment 70 or
u entitled - no d any Office or plscs of
~ bic trust. oUGOr, or en- ,iumsht in, !
lnder, nr fui any such territory or place, |
IT uhGsc ;hs u uiied Ststes
Judge Hardness next spoke.
Where legislatures are unclippied
hey have power To make such reg
llations as they choose relative to
TOting; they may take it away from
nen altogether aud give it TO
women; the Legislature may say
hat only every third person can
rOte. AS a matter OF TACT, almost
very Legislature in the country is
lampered by constitutional li,llta-
ions, and the Legislators are power
ess 10 go beyond them. IL IS pre-
in I
take the broad ground that the
Of Utah is without any
restrictions as to who
hall De entitled to vote in the ter
itoTy; that the Legislature is like
he Parliament. Judge HarknesS
hen made lengthy. clear and tech
licdl argument or che construction
# sections 1859 and 1860, showing
hat they did not restrict the right !
It the Legislature 10 confer the
lective franchise on females, or as
o what the qualifications Of voters
hQuld be. Neither the Constitution |
Tor any act Of COngiesS is in the
way of this construction. The !
light 10 vote IS not inherent. it is
erIyed from the people themselves, !
nd Il hey can give 10 one man ad-
power, to another ex-
CutiVe power, and TO third Judi
ial power, why can they not give
o less than the whole number the
light to choose these menf They
an say that women shall vote every
ear and men every other year, or the
ther way about. 1t is impossible to
make the elective franchise equal,
'ecause no two men are equal i'll re-
ard to property, and other condi-
ions. In New York white males,
ears ago could vote, while the ne
no qualifications was $3.50; the same
exist all over the
United States, and particularly in
he south. The result of all this Is
hat the Territory Of Utah may make
uSt as many classes of voters as it
chooses. Regarding the act con-
erring the right Of Suffera Ie.
Judge Hardness said ii was not
rue that there was a conflict wherein
male voters must be tax payers and
amales nof; he read from the suf-
rage act in which it provides that
all acts or parts Of acts in conflict
With this act are repealed" Was
here any conflict in the law? Then |
he taxpaying qualification on males
vas repealed in the passage and APP
,r0Val Of the suffrage act. Re-
'ardng the claim that a