The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-09-20

franchise upon females who are
citizens OF the United States
Neither 90 find anything in sec
ton 1859 which shows an intention
on the part of Congress to confne
the right to vote in territories
already organized, to male citizens
1t is further claimed, that if the
Territorial Assembly possessed the
power to confer the elective fran.
chlse upon woman, the act passed
for that purpose fails to do so f0I
several reasons.
One objection is that the act OF
1870 confers the right to vote upon
females, upon different terms than
that applied to males, III that the
latter are required TO be taxpayers
while the former are not. Even if
this should be found to be the fact I
cannot think that this would invali-
date the law.
The Legislative Assemble proposed
TO con er this privilege upon a new
class, not heretofore enjOyiug it.,and
in the absence of any inhib ton to
the contrary in the laws Of Congress.
l think theJ were at liberty to do it
upon such terms and conditions as
to them might seem reasonable and
just, so far at least as no constitu-
tional or organic rights of the males
IN the premises are restricted or
abridged.
l think it woul1 have been COM
petent for the Territorial Assembly
to have enacted that all female citi-
zens If the United States over the
age Of q years, who could read and
write in the English language,
should vote, although this educa-
tiOual qualification is not required
of the males.
II is asked, what words of the
territorial act of 1859, fixing tie
qualifications OF male voters. are
repealed by the act Of 1870. | do
not know that any particular words
or set of words are repealed by the
act of 1870, but | do know that
whatever words there are in the act
Of 1859 which are restrictive, cOnfin-
ing the right to vote upon males
only, are so modified and controlled
by The act Of 1870, that the right to
vote is no longer conGned to male
citizens.
1t is further claimed that the act
is void because 1t attempts to con-
fer this right upon those who are
not citizens, and are not q years of
age, and without restrictions in re
gard to residence. A mere reading
of the act shows that it is confined
to females who are 21 years of age
and who have been resident in the
territory six months.
1t is fnrther claimed that the use
of the words. "Or who is the wife,
widow, OF daughter of anative born
OF naturaliZed citizen Of the United
States" is an attempt to confer the
privilege upon those who, by the
laws of the United States, were not
entitled to it. and that the previous
words, "Aorn or naturalizsd in the
United States" includes all, who
could by any possibility exercise
the right; that is, it includes all
who are citizens of the United
States. The Legislative Assembly
could not confer the right to
vote upon any one not 7 citizen. In
constituting this act we uStapply to
it the same rule that we would in
constituting any act Of the Legisla-
tuTe, or the act of any legislature,
and not start out with the presump-
ton that they attempted or intended
to do what they were prohibited
from doing.
Strictly speaking, naturalization
is the act of placing an alien in the
position, or investing him with the
rights Of a native born citizen. In
the ordinary use of the word we re-
fer to this act which results in citi-
Zenship as something done by the
In court, and in conform
ity with the law upon the subject of
naturalization. The law which
makes a foreign born woman a
citizen by the fact of her mar
riage is not found among the laws
upon the subject Of naturaliZa
ton. Having used the words,
"born or naturalized in the United
States" it might be claimed,
with some show of reason, that it
excluded all those who were not
native born, or had not themselves
in cOnTt and been natural
lied in accordance with the laws
upon the subject; hence they use
these words to include all Of this
class. The wife of every citizen is
a citizen, by virtue of the fact of
without reference to her
provided she belongs TO
that class of people who could be
lawfully naturaliZed.
The "wife, widow or daughter"
mentioned in this act, who are
the elective franchise. are
those who within the intent and
meaning of the statute are citizens
Of the United States. The act does
not attempt to confer the right upon
those who are not citizens.
The demurrer to the petition is
and a peremptOry writ is
ordered.