The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-09-17

q
their in tention to become such, and
bave taken an oath to support the
Constitution Of the United States.
The effect of this section Is plain,
and limits the legislative assem-
bI;e, of all the territories in the
mower to confer the elective fran
cbis0. TO persons who are citizens Of
the limited States above the age Of
twentv-One years, and to persons
who not being native born or ma
+praliZed citizens are above the age
NJ 81 wears, who have de-
clared on oath before q competent
court of record their intention TO be-
come citizens and have taken an
oath to support the Constitution Of
the United States. 1t is thus made
clear THAI the power to confer the
elective franchise is conferred by
the sovereign power upon the
Legis' ative Assembly Of this Terri
fOrv. limited in its exercise as pro-
vided by the first restrictive clause
of section 1860, Revised Statutes.
This section became the law in
1874, and since then has been in
operation.
Section Of the Organic Act pro-
Yided that at the first election the
voter should be free, male 5Obite IN
hGbit0nt. Sec. 1859 Revised Statutes
provided that at the first election
the voter should be q mate citizen
above the age of q years. Sec. 3
Of the act Of the Utah Legislative
Assembly, approved January q,
1889, provided that voter must
be a moEe citizen Of the United
States.
The first two, as we have seen,
only fix the qualifications for a
voter at the first election
It nowhere appears in all the leg
islatiOn had upon the subject that
Congress, except in fixing The quail
fcatiOnS of a voter at. the time OF
the organization Of d territory. has
limited or attempted to limit the
power OF the legislative assemblies !
Of the territories 10 the male quail .
ifcatiOn. Pursuing the grant Of a /!
cover to confer the fright of suffrage
as given by section 1860, it has been .
undoubtedly left TO the legislative
assemblies OF the territories TO say
if or not they win confer upon
males and females, or upon either,
the right Of suffrage.
The Utah Legislative Assembly /
by the act Of January q, 1859, con-
feTed the right Of suffrage upon
q male citizen Of the United
S+ofo- C--o,- +ry-o1, ~ ono no - n r,,,,
who had been a constant resident in
th3 Territory during the six months |
next preceding IN election and who
was taxpayer.
With the ample power conferred .
by Congress upon the Legislative |
assemblies of the Territories in de-
termining the qualifications Of vOt-{
eTS, it IS certain it was within the
power Of the Utah Legislature to ;
enact the law Of January, 1859. 1,
think It may clearly be assumed
that SO far as the qualifications of an
electOr are concerned, it was the in
tentiOn Of Congress, subject to the
restrictions Of Section 1850, to leave
the territories as free as are the in
dependent states.
BY the act of January u, 1859, a
class of voters was made, and their
qualifications were determined.
When the act was passed, the Legis-
lature without doubt intended to
cOnfne the right Of suffrage to
males, and IS long as that act con-
tinued to be the law Of the Terri
tory, only males could vote. But
the Utah Legislature passed an ''Act
entitled an Act Comforting upon
Women the Elective Franchise"
which was approved February y,
1870, which is as follows:
''That every woman Of the age of
Il years, who has resided IN this
Territory six months next preceding
any general OF special election, born
or naturahZed in the United States;
or who IS the wife, widow OF
daughter Of a native bonn or natur-
allied citizen Of the United States,
shall be entitled TO vote at any e1ec-
ton in this Territory.
This act, If standing by itself, and
II there was no doubt Of power On +
the part Of the Legislative Assem-
Dly to confer the right Of suffrage
would confer upon the class Of per
sons named IN il, that right. It is
undoubtedly true that a woman Of
the age Of q years VINO is native
born, OF who has been naturaliZed.
IS a citizen Of the United States and
u IS further undoubtedly true that
.he wife OF widow of a naturalized
citizen Is citizen Of the United \
states. And it is further true that
4 daughter Of q DatiYe-bOrn citizen
II the United States is a citizen,and !
hat the daughter Of a naturallZed
citizen, is a citizen of the United .
States, if at the time of the
naturalization of her parent, she
was under the age of q years. To
entltle a woman to vote under this
law she WOuld have to be of the age I
Of q years, and have been a resident !
IN this Territory six months next I
preceding any general or special
election. And this whether she be
d single woman, married woman,
widow or daughter.
The conflict between the contend
lug parties in this case, arises, be
cause Of the Offence of opinion
upon these two acts OF the Utah
legislature.
The respondent claiming that the
#t COnferTinU the RIGHT Of suffrage