Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1888-08-23
LEWISTON IDAHO TERRITORY, AUGUST
AGAINST THE WOMEN.
The Suffrage Act is Invalid.

court to-day decision was rendered in
the case of Nevada NJ. Boomer VS.. John
Todd and others, the suffrage test case. |
The court affirms the decision of Judge
Nash declaring the women suffrage act
unconstitutional. As stated previously,
the plaintiff, female citizen, was debar-
red from voting at an election held at
Spokane Falls, April 3, of this year, and
for this she asked damages in the sum of
$4,000. The demurrer filed BY defend
ants, the judges of election, alleges that
the complaint did not state facts sufficient
to constitute cause of action. The dis.
trict court sustained the demurrer, and.
judgement was entered thereon, from
which judgement this appeal was taken.
The only question before the district
court was as to the validity of the legis-
lative act of January, 1883, comforting
the privilege of voting upon women, and
this was the only question in the case
submitted to the supreme court. The
question of this Interpretation of chapter
81 of the laws of 1888 is dwelt upon
largely by the court, which adopts as a
rule that the construction and interpre.
tation of laws arise after enactment. "If
the Interpretation given by the court to
certain law is unsatisfactory, it is in the
power Of the people to obviate the diff
Guilty by an amendment thereto, or by
changing the statute. 1t is for this pur
pose that constitutions are made-that
there may be stability in the government
which furnishes the fundamental law, and
that the varying moods ofpublic opinion,
the clamor of the populace or even pub
lie sentiment shall not effect the funda
mental law Of the land, aud thus leave us
without any stable and unchauginy
guide, when the public passions or re-
sentiment Of the populace might carry the
state out upon sea Of revolution, with
only passion as guide. Should the
constitution and the laws change as rap.
idly as public opinion, they would both
be liable to become oppressive aud unen.
durable.
ut is the duty of the court to con-
struct rules, to give effect to the intent
Of the legislature, though seeming vio-
lencc is done to some OF tho words en-.
ployed. The intention Of congtess in
! uss;ug the word "citizen" as found id the
organic act, is considered by the court as
pertaining wholly to persons of the mas
culine gender, the object being to exclude
aliens from using the elective franchise,
and not extending any particular powers
to women. It was never intended that
women should be admitted as a delegate
to the house of representatives in con.
grees. The form of every word in the
constitution Of the United States goes to
show that the offices provided therein
shall bs males. The form Of every word
10 that relation is masculine. For thirty
years congress has understood the meaning
of the word "citizen," as far as the pri
vilege Of voting was concerned, ia
males only"
THE UTAH CASE.
The status of the Utah case is also
dwelt upon by the court tn reference to
females and their right to vote. The
opinion concludes as follows:
"In 1852, when this act was passed
the word "citisen" was used as quallfi
cation for voting and holding Office, and
in our judgement the word then mean
and still signifies male citizenship, and
must be so construed. That the rule in
tended for might be better We are no
called upon to determine. Congress car
confer the desired power upon our legis
,lature, and we cherish the hope that il
the near future our citizens will have al
opportunity to determine this questio,
for themselves in the formation of con
stitution for state Of Washington. Th'
judgement Of tho court below should b.
affirmed"
Az soon a. the opinion was fled MI
A. 8. Austin Of Tacoma, counsel 70
plaintiff, asked for and obtained pcrmis-