The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-09-15
WOMAE'S SUFFRAGE.
The Test Gases Up Before Judges
Hunter and Emerson,
Over -Four Hours Talk on Che
Matter.
A Warm and Interesting Discus
stone

Shortly after 1 o'clock on Thurs
aav the arguments IL the test cases
nv which the validity Of the act
giving TO women in this territory
fhe elective franchise were COM
menCed. Quite q number OF per-
sons were present, and before the
discussion had proceeded any
length of time several ladies
had put IN an appearance.
Quite q large number Of mem
hers Of the bar were also present,
and the appearance Of the court
denoted that 4 subject Of import
ance was 20 be deliberated upon
The side opposed 10 the VALIDITY
Of the law was actively represented
by BSutheUiand 81 McBrije-whO-
ever else my have been retained is
not known. Those who appeared ~
defense Of the act were Colonel
Merritt, judge darkness, 4Ir.
Brown, Afr. JGusssOn and Mr. +. >.
Richards, Of Ogden. The court
stated that Judge Emerson had TO
20 TO Ogden IN the morning, and
therefore IS was desired that the
arguments be concluded this after
noon, 60 that the authorities could
be looked up at night, The att0r-
news on behalf Of the s.t objected
20 any great abridgement Of time,
urging that the importance
Of the question demanded that
the discussion be full, and that
ample time be allowed all to speak.
Judge Hunter, however, said that
Two hours would be allowed each
ide and they could divide it among
themselves as they choose. Judges
sutherland and Mcbride were the
only speakers on their side, and
each had an hour. There were,
however, four speakers on the other
5ide,and it was quite noticeable that
she fact of being confined to time
made them uuduly hasty, and not
only couFtailed them on important
points which theydesired to amplify,
but manifested itself III the absence
Of Gus Omary ease and fnency. How
ever, they got along all right, and
while they could have talked more,
the result will undoubtedly be the
same as if they Lad talked for 8
week each. e. udgeSutheTland opened
the case.
Judge Sutherland argued that the
act of 1870, entitled, AN act confer
ring upon women the elective fran
chise' is void. And they cOntended
~ that the passage Of that law WAS
by the exercise of a power CT legiS-
lation prohibited to the Territorial
legislature by the Organic Act and
other acts Of Congress applicable to
this Territory. He referred to sec
tons 1859 and 1860 Of the revised
statutes; these were incorporated
in the Utah compilation on page
40. Section 1859 was as follows -
Every male citizen above the age of
q years. including persons. who
have legally declared their intention
to become citizens IN any territory
hereafter organized, and who are
actual residents of such territory at
the time Of the organization
thereof, shall be entitled TO vote at
the first election of such territory,
and TO hold any Office therein, sub
ieCt, nevertheless, to the limitations
specified in the next section" That
section, the Judge cOntended, re-
3eTr6d only to the first election, and
it stated who might vote at that
election. And what was import
ant in support Of his position was
the concluding clause of the sec ,
ton, and the contents OF the sec .
ton following referred to in that
clause, VIZ: subject, nevertheless, /
to the limitations specified in the
next section" That was added TO
the section which defined the quail
fCaJiOns Of voters at the first cleo
tiOG. tt might be supposed from a
bare reading Of that section and
this concluding clause, that il the
next section there would be some /
qualification. some restrictions upon F,
the right to vote at the first election
that would be the natural reading Of
it. But when they came to read the .
section 1860, there was not any allU- /
sion at ali TO the qualifications OF /
voters at the first election. there /
was no limitation on the right TO
vote and hold Office SO absolutely /
granted in section 1859. But the
next section applied exclusively to /.
subsequent elections, and TO the
power Of the Legislative Assembly !
10 define the qualifications Of voters /
and Of persons TO hold Office. Now 1
what must be the force auG effect of |
adding that clause for the purpose |
followed bv such q sectjOn-tO the !
section which applied exclusively I
10 the first election? Now, it !
vas we'll known rule Of con- !
stTu3t.Cn of statutes. shat every /
part 9t it, every word OF it, was 10
have a meaning. The authorities
upon that subject were very numer-
Gus. The Jadge referred to one or /
Two authorities on this point and
continued by saying shat the mean |
ag Of these authorities was, that
ATeading a statute the court must |
1esaTd ali TIE clauses IN that stat |
l,e and il must be assumed, to be-
ga with, that every word Of that |
statute is used adVisediy for some
yy1ect, and that the intention or the |
legislature could not be carried out |
Without giving effect to every word /
and clause ia it. Now, with that
rule he invited their hOnoTS' atten-
n L