The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-09-20
WOMAN'S SUFFRAGE.
Judge Emerson Delivers a Writ
ten Opinion.

Of the wOman's suffrage act:
This is an application by tn
| plaintiff, Lucy 5. Anderson, for
writ Of mandamus against the de
| PENDANTS, who are respectively chic
registrar and deputy registrar for tn
| County Of Weber, to compel them Il
administer to her the oath pre-
| scribed by the commissioners O.
/ election and register her name
/ among the legal voters Of OgdeI
| precinct, in said county.
| The petition recites that tht
! plaintiff is a native born cltlzen "
! the United States, over the age o.
! q years, and has resided IL tIk
/ territory for more than SIX monChSS
[ last past, and in the preclncC o.
! Ogden for more than one month
| Immediately preceding. the time OF
! Offering herself for registration as
| legal voter in said precinct, and that
1.-The defendants refused to ad-
| minister the oath to her and to
! register her name among the legal
voters of said precinct, upon the
ground that she was female ana
uOt entitled to vote.
At the time the petition was pre-
scented to me, the defendants ap-
peared by counsel and demurred TO
| it. the counsel for both parties stat
ing that By the petition and demur-
rer they desired to raise and have
decided the sole question Of the
validity Of the act Of the Territorial
Legislature of 1870, comforting upon
females the right of suffrage that
the defendants based their right to
refuse to register the plaintiff upon
the ground that the act mentioned
was void.
[ should have been much better
satisfied if | could have given more
time to the consideration of this
question. The arguments Of coun-
sci were closed on Thursday even
ing. On yesterday (Friday) my at
tenti0n was occupied by other mat
tiers in court. and the present term
Of court closes today: hence I must
content myself with these hastily
prepared reasons for the decision /
am about to make.
The act in question was approved
February u, 1870, and is as follows
every woman Of the age of q years
who has resided in this Territory six
months next proceeding any general
or special election, born or natural
lied in the United States, or who is
the wife, widow, or daughter Of a
native born or naturaliZed citizen of
the United States, shall be entitled
to vote at any election in this Ter
IiCory.
SEC. 2.-"All laws or parts of laws
conflicting with this act are hereby
repealed"
The qualification Of electors pre-
viOus to the passage of this act is
found in section of can act pre-
Scribing certain qualifications nee
essary to enable a person to be eljgi-
BILE to hold Office: vote, or serve as a
juror" passed in 1859, as amended
in 1868, and is as follows; ::
"Neither shall any person be entitled
to hold any Office Of trust OF profit
in this Territory, or vote at any
election unless he is a male citizen
Of the United States, over u
years of age, and has been a
constant resident of the Territory
during the six months next pre-
ceding said election or appoint
ment."
SEC. 6.-"No person shall be
deemed a resident within the mean
ing Of this act, unless he is tax
payer in this Territory"
Section 3 of the Organic Act, in
force when both of the abOve-men-
toned acts were passed, provided:
''That every free, white male inhab-
liant above the age Of u years, who
shall have been a resident of said
Territory at the time Of the passage
of this act. shall be entitled to vcte
at the first election, and shall be
eligible to any Office within the said
Territory; but the qualifications of
voters and Of holding office at all
elections, shall be such
as shall be prescribed by the LegiS-
lative Assembly: Provided, That
the right of suffrage and of holding
Office shall be exercised only by
citizens of the United States, in
Guiding those recognized as citizens
by the treaty with the Republic of
Mexico, concluded February I'd.
1913"
It is claimed that in passing the
act Of 1870 comforting the elective
franchise upon women, the Terrific
rial Legislature exceeded the power
conferred upon it by the above
quoted section Of the Organic Act.
by attempting TO confer the right
to vote upon a class not named in
the first part Of the quoted section.
which names the qualified voters at
the first election under said act.
{ sSectiOn G OF the Organic act
provided that the legislative power
Of the territory should extend to all
rigbtful subjects or legislation, con-
siStent with the constitution of the
United States and the provisions Of
that act. 1t has been repeatedly
decided that the power given by
the above grant was extremely
broad. Il VIII not be denied that
determining who shall b9 electors,
and upon what terms and cOndi-
tiOns the right or privilege OF suff-
rage shall be exercised is a rightful
subject of legislation: In fact the
Organic Act made this 3 duty Of
the newly organized territory in
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