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

lSembly." refers back to the frs
part of the section, and restricts thu
/ Legislative Assembly TO fixing tbs
qualifications Of the class there men
toned, namely, finale inhabitants.
AS by the 18th amendment to the
Constitution. the words Stree white
must be considered as stricken out
this seems to me stTai ed anC
forced construction, and that We
lcould with equal propriety say that
the restriction extended to those
who were residents of the Territory
at the time of the passage Of the Or
ganic act. The Congress fixed the
qualifications Of the electors for the
first election. and these were that
they should be males, citizens of the
United States, over q years Of age
and residents of the Territory. Af-
ter the election and until the LegiS-
latlYe Assembly acted, no person in
the Territory had right to vote.
and the Legislature was left free
and untrammeled to determine who
should vote and under what con-
dltions that privilege should be ex-
'ercised, provided it was conferred
upon citizens Of the United States
only.
The word qualifications" in this
connection must be given its usual
and natural Specifications, as used by
law writers. In state constitutions
and statutes, as we'll as among the
law writer's and in judicial decisions
1T IS used with reference to the elec-
tive franchise, to distinguish the
class,as we'll as to point out the per
sOnal requ irements Of the indiyi-
dual voters.
For the Legislative Assembly to
confer the elective franchise upon
females is not, in my opinion, the
exercise of a power contrary to the
express words or intent Of the Or
ganic Act, but is entirely within the
grant OF power conferred by tn It
act.
1t IS further commended that the
territorial act is contrary TO the
terms and intent of sections 1859
and 1860 Of the Revised Statutes of
the United States, passed in 1874
and found among the provisions ap-
plicable to all the territories, and
which provisions take the place Of
the Organic Act.
IL this objection shall, upon ex-
animation, be found to be true, Of
course the territorial act must give
way, because the acts of Congress
as Jar as the territories are con-
.cerned, are supreme and paramount.
The sections referred to are as
follows:
Section 1879 Every male citizen
above the age of u, Including per
sons who have legally declared their
intention to become citizens in any
territory hereafter organized, and
who are actual residents OF the ter
ritOry at the jiue of the 0TganiZa-
ton there +, shtli be entitled to
vote at the first election in such
territory, and to hold any office
therein; subject nevertheless. to the
limitations specified in The next
section"
Section 1860. At AL sui sequent
elections, however, in any territory
hereafter organized by Congress, as
well as at all elections in territories
already organized, the qualifications
Of voters and Of holding Office shall
be such as may be prescribed by the
Legislative Assembly of each terri
tory; subject, nevertheless, to the
following restrictions on the power
of the Legislative Assem- ably, namely:
First. The right of suffrage and
of holding Office shall be exercised
only by citizens of the United States
above the age of 81 years, and by
those above the age who have de.
clared on oath, before a competent
court OF record, their intention to
become such, and have taken an
oath to support the Constitution and
Of the United States.
Second. There shall be no denial
Of the elective franchise or Of hold
ing Office to citizen on account of
race, color, or previous condition of
The third and fourth subdivisions
refel 20 officers, soldiers and SeamenI
of the army and navy, and are not
necessary to recite here.
If [ understand the objections Of
for the defendants it is that
there are 10 limitations in the latter
section, to which the expression,
Subject, nevertheless, to the follow
ing limitations specified in the next
section" in the former section could
refer, and that it did and must refer
to male citizens in that section.
In section 1859 Congress fixes the
Of all voters in terri
tories thereafter to be organized, for
the first election only, and with the
in the following section,
Ill possessing these qualifications
are entitled to vote, and because
Congress specifies who shall COM
pose the first electors, the word
Limitations" is very properly used
in referring to the provisions of the
next section. The first limitation III
that section is upon those who have
declared their intention to become
citizens. and the right to vote at
the first election IS limited to those
of that class, who, in addition
TO the oath required by law to be-
taken upon q declaration Of inten-
ton. should take an additional
oath to support the Constitution
I'll