Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1888-08-17
THE SUFFRAGE CASE.
Iudgue1. Affirmed ~ the Supreme
oc--. a,1 Lar Decle-G -c;3
cIIAIoN By IHE twIcF JUSTICE.

county upon the following complaint:
The above named plaintiff COM
plains Of the above named defendants
and alleges:
That the city of Spokane Falls is
municipal corporation, existing AS such
city under and by virtue of the laws
OF Washington Territory, and was eX-
listing as SUCH city and under and by
virtue of such laws at the times here
matter mentioned.
That, by an act OF the Legislative
Assembly Of Washington Territory,
approved November 2Sth, 1885, the
said city oi Spokane is divided into
four wards, and all that portion lying
west of Howard street and south Of
Riverside avenue constitutes and is
within the Fourth ward Of said city.
That under and pursuant to an act
OF the Legislative Assembly Of Wash
lngton Territory, approved January
-. 1856, entitled An act to amend
an act entitled an act to amend an act
to incorporate the city of Spokane
Falls" approved November 2Sth, 1883,
an election was duly held in said city
OF Spokane Falls. and in each ward
thereof, including the said Fourth ward
thereof on the first Tuesday, to-wit
on the third day OF April, 1888, for the
election, by the qualified voters of said
city, OF a mayor and other admins
4Asstixs usiiaars, AL for i,--~s..4i<,sr-in
each ward respectively, and in said
Fourth ward, of members of the City
Council.
That the plaintiff is and at times
herein stated and on said Sd day of
April, 1883, was a female citizen Of
the United States and was on said
date more than twenty-one years of
age; that she was then and for more
than one year prior thereto, had been
resident and citizen and Il quail
fled elector of the Territory of Wash
ington, and had then and for more
than one month Immediately proceed
ing said election resided within the
said city of Spokane Falls, and for
more than five days prior to said cleo
ton within the Fourth ward of said
city, and was on said Sd day of April,
1888, qualified elector in said Fourth
ward of said city.
That the defendants, John Todd, J.
E. Candy and H. A. Clarke, were duly
constituted and appointed judges of
election of said election in and for said
Fourth ward of said city and that the
said defendants accepted such appoint
ment and on haid Sd day q April,
1883, duly qualified as such Judges
and entered upon the duty of holding
and conducting said election in and
for said Fourth ward of said city and
did hold and conduct the same.
That the plaintiff on said Sd day of
April, 1888, and between the hours of
nine o'clock in the forenoon aud six
o'clock in the afternoon, presented her
self at the place appointed for holding
said election in said ward and for re-
ceiving votes therefore and where the
said defendants as judges of said cleo
ton were holding and conducting said
election and rendered to said defend
ants as such judges of election white
paper four inches in width and twelve
inches in length, containing the names
of the persons for whom she intended
and desired to vote at 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 de-
nanded of the said defendants as such
judges of election that they receive
the same as ballot at said election,
but the said defendants, disregarding
their duties in the premises, did fraud
ulently and maliciously, and without
any sufficient cause, and with the in
tent to injure plaintiff, refuse to re-
ceive said ballot then and there ten
dered to them by the plaintiff, and re-
fused to permit the plaintiff to vote at
said election, by which refusal made
fraudulently and maliciousiy and with
out any sufficient cause, and with in
tent to injure the plaintiff az aforesaid,
the plaintiff was deprived of the right
to vote in said ward at said election,
to her great ignominy and disgrace
and to her damage in the sum of five
thousand dollars.
Wherefore the plaintiff demands
judgment against the defendants for
the sum of five thousand dollars and
for her costs of suit"
To which complaint the appellees
demurred - follows:
The said defendants demur to the
complaint filed in this action, and for
cause Of demurrer allege: That the
complaint does not state facts suf-
ficient to constitute y cause Of action"
The District Court sustained this
demurrer and judgment was entered
thereon from which judgment this ap-
peal 10 taken.
In this Court the facts are admitted
to be as follows:
The plaintiff is u woman, and unless
disqualified by reason of her sex is
qualified elector to 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,
1t an election regularly held on the
Sd day of April, 1883, in said city and
Fourth ward thereof for the election of
. Mayor and other executive officers
Of said city of Spokane Falls, and for
members of the City Council of said
city, including y member Of the Coun-
Gil from said Fourth ward on which
day an election was held in said city
and ward.
On said day and while defenda nts
were acting as such judges of election
in said ward and within the hours pre-
scribed by law for voting therein, the
plaintiff presented herself at the place
whore said election was being held and
conducted in said ward by the defend
ants, and rendered them printed bal
lot in the form prescribed by statute
containing the names of the persons
for whom she desired to vote which
the defendants refused to receive and
refused to permit her to vote at such
election.
This action is brought to recover
damages from the defendants for thus
wrongfully depriving her of the priv
ilege of voting.
The defendants demur. upon the |
ground that the complaint does not
state facts sufficient to constitute
cause OF action.
The only point raised by the defend
ants in the Court below was as 10 the
validity of the act Of the Legislative
Assembly approved January Is, 1883,
comforting the privilege of suffrage
upon women, and it is assumed that
no other question will be raised in this
NA,,~k