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

e.oiiSs why women should nOtVOte il
ChlS territory. Section 1859 neve
had any sort OF application TO tn
territory OF Utah, because at th,
same time another provision relat
ing to Utah was in existence Will
Che words nearly the same. but ia
he diaCely after it says "thes,
Qualifications after the first election
siiaH be dZed blythe Legislature.
ne qualifications need not bl
uhlICrin,b but the conditions and regu
Ial!0nS must be uniform. The
qualifications are the Gift of The king
- tIle people-the gift Of & sovereign
power The regulations, OF
tilo conditions o. registration
must be uniform; one person
must not be registered ut NIGHT
III q private Office, while 9th.
ers are registered in the dav. they
must al regulate alike. That Con-
gFes5 co ID give to this territory the
power tc say who should vote. no
one can doubt. The burden of Che
complaint of my brother here Is
that THIS law has been in force
tWeive years; they have never at
tempted 10 question the power of
GJngiess 60 give 90 this territory
the right o. make SIS own reorI.,-
lions. Have they shown that the
granting OF the privilege Of voting
TO women Is contrary with the
policy ct Congress? No. Jt has
remained for my brethren. as the
first lawyers in She United States to
set up the Claim that the Quali6ca-
tons must he uniform. Every
lawyer knows, and none better than
my brother Sutherland, that his
position is wrong, and Cooley, the
author from which he quotes, SAYS
that the regulations and conditions
must be Uniform, and not the quaI-
Gcations.
Judge Mcbride concluded the ar
guments in the case. OR oppon-
ents have made no distinction be-
tween the classes OF voters and Che
qualifications Of voters. The power
Congress gave to the Legislature
did not refer at all to who shall
vote, but 10 their qualifications.
With all the claims they have made
counsel have not had the
to claim that Congress in
tended TO confer the right Of suf-
rage on women, In 100 years legi.-
lat10n Congress has not given the
intimatiOn that It intended
so do 50. He ayerttd with cOnsid-
erable warmth,tO the proposition Of
Judge Hardness, thae unless re-
strained by constitutional restTic-
lions, the legislature can prescribe
different qualifications for voters.
he said the manllness with which
he advocated this theory was TO his
credit, if not TO the credit
Of his Judgment aud ability
IS lawyer. The proposition
s'not only absurd. IL IS monstrOus.
Eeltrl1cg 10 the provision IN the
election law that the wives, widows
and daughters OF native or natural
zed citizens may vote. he said the
intention of the legislature was 60
throw into the ballot box a horde Of
illegal voters. In the course Of the
argument Judge Mcbride asserted
counsel on the other side had
claimed thai woman who had
citizen and lived in this
country but one night could 90 to-
morrow to vote.
Both Judge. HaTkaess and Mr..
Brown asked which of the counsel
had made such a statement.
Judge notwithstanding to Mr..
Brown [ did not refer to yOu.
Mr.. BrOwn-9ut 1 want you to
specify who made the assertion.
Mr.. Mcbride want no cOnJo-
versy or that point.
Mr.. BrOwn-But Z want counsel
to state who 1t was. [ did Lot say
t, and [ 10 not believe any of my
colleagues dld. ] believe counsel
knew he was not stating a fact
when he made the assertion. I ask
Iim TO name counsel if he dare
MI. McBride-I viii have no
more controversy in this case with
in attorney who does not know how
10 depUr5 himself better than coun-
SCI has now done.
He again made the assertion,
when Judge Hardness interrupted
and sad: Il said she would be a
citizen If she had leslded six
Judge Mcbride then resumed his
There is a way to get
the name of a person off the regis
Try list in Utah, but 10 way IN
which the name Of a person with
every qualification, can be gotten on
The list after the registration lists
have been closed. Let it 20 out
that your honors have decided that
the Legislature may make distinc-
lions between citizens, and what
would be the effect? There would
be no persons at the polls who were
not members of the dominant party.
There may, some time, be a contest
in elections here; there may be q
little at the election now, but let
such a ruling 90 out that the Legis-
.ature would let one man vote and
not another, and only one party
would have the right 70 appear at
the polls. In the course Of his re-
marks Judge Mcbride said he was
not only after the act Of 1916, but
after the other. that of 1873 the
act-1Ot after the old
hen only, but after the whole
brood. He also insisted that
under the statute the oath
which all persons were required TO
subscribe to before beng allowed to