The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1888-08-17

stood with reference % suffrage as APP
plying 10 male .sestxensr sl71e-
TIE poser granted By congress Il
this section not teing intenied By the
latter phrase - exteld the first grant
made to she white rna1e iahabitzns.
bot 10 EuIt i 70 : smaller class OF peo-
pie in the territory, and ret the same
tact that the xor1 citizen az that time
applet 70 sA natsEe born persons, the
same - X does nox. was then xeA I'm
derstocd a. applicable only 10 mzle
citizens Of over p years of age when
used - relzting 80 the granting OF the
p1viiege of the elective franchise
That s5is l. true, an examination OF
the enabling act itself xiI furnish .
erifsrion upon which Judgment may
rest The same pr0Eiso which relates
to the elective franchise also relates to
persons who are eafsfled 20 hold Off
&c IN the territory.
The same act provides that every
territory shall have the right to send
one delegate 10 congress. and the
only Limitation Is that he shall be .
c;fixsn- 1t viii nat probably be con-
tended By any persoa bat that the
delegate was iaten ted 70 be and, in
deed. must be man and an elector
within the territory. And IL certainly
xss not within the intent OF congress
that q woman sho1ld 60 to the house
OF representative as a delegate The
thought was not in the mind OF any
body.
The act also provides for the cleo
ton OF justices Of the peace and other
Judicial officers. vet viii il be claimed
that il was within tze contemplation
OF congress At the time OF the passage
OF this act that these might be filed
by women2 That at that time il vas
within the intent OF congress that
under that act women might be elect
ed TO hold these ofices7 Ii might
have been better and perhaps would
nox be q step in advance II such had
been the case. but was that the iegisla-
tive intent at that timer
If we turn TO the constitution OF the
United States We find that the whole
structure of the instrument is based
upon the idea present in the minds OF
the makers OF il that the officers pro-
vided for therein shall he males. In
the first place, and as OF minor i'm
port8nce. the form of every word in
the constitution relating TO the hold
ing OF Office under the constitution is
masculine. IL provides that the SEN
ate shall be composed of two senator's
from each state. No person shall be
senator who shah not have reached
the age OF thirty years. The vice
president shall be the president OF the
senate No person shall be eligible to
the Office OF president except native
born citizen who shall hold his Office
during the term Of four years and
shall be elected as therein provided.
The judicial power shall be vested in
one supreme coGrt-the judges where
OF shall hold their Office during good
behavior. In numerous other in
stances j: i eonclusiyely apparent tina.
at the time Of the framing of that in
strument the idea OF a woman holding
office under that constitution was as
foreign 10 the mind as that a woman
might be president under that eonssi-
tntion; else the sole limitation would
not have been that the p-eSident
should he a native horn citizen of the
United States. II the word "citizsn-
rs there used had been supposed to in
ciude females il would not now be
questioned. bat that there would have
been an express negation in that re-
gard. Snch has been the uniform
practical construction ever since its
adoption. and for more than thirty
years our organic act has likewise been
construed tn mean male citizen. y
when the privilege OF votirg has been
under consideration and even now IL
is not disputed, but that that was the
sense in which congress then used the
word.
This practical construction is not tn
he ignored or eraded. As we have he
fore said. the construction of an act of
the legislature should he uniform and
unvarving in order to protect the
liberties Of the people. and this is not
unfregEentlv carried ont BY he con-
<ideFation of the words used asof the
time when they were used. and the
practical eontemporaneous eonstrur-
ton at and succeeding the times when
used, forming mart of the act tn the
same extent as If contained within it,
specific words No other rule can he
safely followed. Words have differ
ent Specifications at different times
and in changed circumstances. but in
a fundamental law they must he
always OF the same meaning in the
same connection, and il rests with the
supreme power TO establish a new
r'ile. The same rule i applicable to
other words. and their significance
cannot he eainsaid or changed because
the opinions of men change with their
desires. Ever since the colonial law
provided that a person accused Of a
crime should be tried by a Jury of
twelve honest men, the word Jury
standing alone has meant the same
thing. That there have been here and
there exceptions, helps to establish the
rule, and there can be no douh,
in the mind that the word
Jury" a. found in the national
constitution and our own laws has
and can have but the one meaning un-
til competent authority shall in express
terms make different meaning possi-
bic We are cited. as opposed to the
views here expressed. to the case of
Nurl.hv VS. Ramsey. lls U. s Reports.
Il. There were five cases OF similar
character carried from the supreme
court OF Utah 10 the supreme court of
the ntted states. and embraced in
the opinion here referred 10. The
facts IN these cases are carefully set
forth bv Mr.. Justice Matthews. and
the contention grew ont OF the act of
congress known as the "Edmunds
Act, whereby a hoard of commission
ers was appointed for the territory Of
tab growing ont of the condition OF
affairs there. relating 10 the subject OF
polygamy in that territory. This
board had extended that act 50 as to-
interfere with and control action az
registration officers and affect the Quail
lieations Of voters for that TERRITORY.
While Il i true that il appears in that
case that under the Law oil Utah women
possessed the privilege of voting. vet
that question was not argued before the
ssprene eogrt, and was not in
any manner passed upon by that
court. Mr.. Justice Matthews, W no deiiy-
cred the opinion of the court, is care
fsi TO say that upon the examination
OF the ninth section OF the act of
March -. iss2, providing for the ap-
PoIntment and prescribing the duties
and powers al that board, il shows
that they have no functions whatever
to perform in respect TO the aualifica-
ton OF voters much less to pre-
scribe ans qualification OF voters
A. a condition OF registration. 1t
ls true that the court in that
case consider the questions in
yolved without reference 10 the ques-
ton Of the right of females to vote
under the iaNs OF l tab aud MACE II