The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1888-08-17
UNCONSTITUTIONAL.
The Decision in the Woman's
Suffrage Case.
rurI rxxT OF TIE DocuxEsT.


dxv by the supreme eoaff u tHe
wogaan's ssafzre law;
IN The snprerDe eo8rt of Warning
top Territory. sevada NJ lssooEHer,
appellant. vs. John Todd, J. T. candy
and n. A. Clarke, app<sIees.
The appellant commenced fhls
.et,or In the district court for Spokane
eounty upon the fogiowing e0usplHiat
The above named plaintiff cosn-
utalns OF the above named defendants
and alleges.
That the city OF Spokane Fails = a
municipal corporation existing a.
such eiEy uader and By ssftae Of the
laws OF Washington Territory. and
vas existing - speh city and under
and by virtue % such LAYS at the times
hereinafter mestioned-
Thaf by an act Of the legislative A.
sefnbsv OF washington Territory sp
proved November -, Isz5, the city 81
kookane Falls IL divided into four
wa rds and all that portion lying veztof
Howard street and south OF Riverside
avenue constitutes and IL within the
Fourth ward OF said city.
That under aud pursuant to an act
Of the legislative assembly Of Wash
ingfon Territory. approved January
q. 1885, entitled An act 10 amend an
act entitled an act 70 amend an act 10
INCORPORATE the city ofSpokzne Falls,
approved November q. 1855. nm cleo
ton was duly beld IN said city OF
Spokane Fails. and In each ward there
OF, including the said Fourth ward
thereof, on the iirsi Tuesday. to-wit
Gu the third day Of April, isss, for the
election, By The qualified voters Of said
r. ,.sk 81 t~Ta
tratfve officers, and Tor the election in
Fourth ward. oil memlDefs Of the city
council.
That the plaintiff il and at time@
herein stated and on said third Gav OF
April. 1873 was female citizen Of the
United states, and was on said date
more than q yeas Of age that she
vas then and for more than a year
prior thereto. had been a resident and
citizen and qualified elector OF the
territory OF Washington. and had then
and for more than one month i'm
uesiiateIy preceding said election.
resided within the said city Of Spokane
Pals. and for more than Eve DAYS
prior b. saii election within the Fourth
ward % said city. and was on said
third day OF April, isSs. a qualified
eiecfor 10 said Fourth ward OF said
city.
That the defendants. John Todd. J
r. Candy and H. A. Clarke. we're duly
constituted and appointed judges OF
election Ia and for raid Fourth ward
OF said city, and that the said defend
ants accepted such appointment, and
on the 81 day Of April, Isss. duly
qualified n such Judges and entered
upon the duty Of holding and con-
docsing said election in and for said
Fourth ward Of said city and did bold
and conduct the same
That the plaintiff on said II day Of
April. 1875, and between the hours of
q O'Clock in the forenoon and 6 O'Clock
In the afternoon, presented herself at
the place appointed for holding said
election in aid ward and for receiving
votes therefor. and where the said de-
PENDANTS as lodges Of the said elestio
we're holding and conducting said elee-
ton. and rendered 10 said defendants,
as such Judges Of election. a white
papeT four inches in width and u
inches in length, containing the names
of the persons for whom she intended
and desired 30 vote nj said election for
the office Of mayor Of said city and for
other administrative officers Thereof.
and for the Office OF councilman from
said Fourth ward, and insisted and
demanded OF the said defendants, as
such Judges of election, that they re-
ceive the same as ballot III said cleo
ton. bat the said defendants, disrc-
carding their duties in the premises.
did frsudulently and mslie;ously. and
without any sufficient cause. and with
the intent 10 inlure plaintiff, re-
fused To receive said ballot then and
there rendered 10 them by plaintiff and
refused 10 permit The plaintiff To vote
at said election. by which refusal made
frauduleniiy and maiieiousiy and
without any sufficient cause. and with
intent Ia iniufe The plaintiff aforeSaid.
the plaintiff was deprived o; the right
to vote in said ward at said election.
to her great irromsny and disgrace
ard 30 her damage In the sum OF
xnnn.
Wherefore the plaintiff demands
Judgment against the defendants for
The sum OF 5000 and for her costs Of
suit"
To which complain, the appellees
hemurrcd as follows ''The said de-
PENDANTS demur to the complaint filed
in this action. and for cause Of de-
does not state facts sufficient to con
Stitnte a cause of action
The District Court sustained this dc
murreF and indignant was entered
thereon from which Judgment this
appeal l. taken
In this court She facts are admitted
TO he a. Follows
The plaintiff y woman and unless
disqualified hY reason OF her sex Is a
qualified eieet0r IL the fourth ward of
Spokane Falls. and was such on the Sd
day Of April last.
The defendants were the duly ap-
pointed and acting Judges Of election,
at an election regularly held on the
81 dsy 81 April, ISIS. Ia said city and
fourth ward thereof. for the election
Of a mayor and other execntive officers
ot the said city Of Spokane Fails. and
for members 81 the city council
ct said city. including = member of the
council from the said fourth ward on
which day an election was held in said
CITY and ward
on said day and While defendants
wcrr acting IS such Judges at election
in said ward. and within the hours
prescribed hy law for voting therein.
the Plaintiff presented herself a. the
place where said election WSS heine
held and condncied in said ward hV
the defendants. and rendered them a
printed ballot in the form prescribed
hy statute containing the NAMES OF the
persons for whom she desired 70 vote,
which the defendants refused to re-
ocive ard refused to rcrnsit her 10 vote
at such election.
This action Is brought 60 rccovcr
damages from the defendant Tor thus
wronEtnlly drprlviag her Of the PRIV
lege 81 voting
Tho defendants demar apou the
ground thst the compiainj does rot
state facts sufficient Co constitute q
eanec ~ action
The uBly roint raised hy defendants
IN the count below was a. To the va
tdity Of The aci u5 the legislative as
semhly argeevcd tsnuary Is. lS>s. I
comforting The privilege IS suffrage
apon women and x j. assumed that
no ether question will ~ raised in
this cuNrt
The correctness OF the drcisson os
the district rnari an che act os the lsz-
tsl&iurr In question Is the Cnly pa.nt
herr - be eonS5acTe
That ass tchar;er 60 of the lass ~ 4
ISL rettis a. follows That all citi-
gems 81 the uiteSi States. male AMI 4
female. above the are al n wears. and 4
all American hsl3b-re,ss. utslc ard f..
male over th2t aev. who have adcptsSl
tho katiss Cf the whites. sut al nlher