Wichita eagle., 1889-10-03

l
enactment. 1t is not necessary to discuss
here by whose influence or by what means
Kansas women are in the enjoyment of as
full civil rights as Kansas men. Civil rights
are not, however, political rights If Kansas
women have a grievance 1t is because of the
inequality of the political rights which
have been granted to the men and women
of our state. Women are citizens as much
as men, but women are not electors 10 the
spirit of our constitution.
BY cons CitutiOn, in It's legal sense, we
understand the written instrument upon
which the people of the state. or of the
United States. agree, as containing the
absolute law of all departments of the
government and its affairs, as far as that
Law is laid down in such constitution.
These princip ies control in the operation
of this constitution until they shall be
changed by the same authority which
established them, and no act
IN opposition to this fundamental
law or con constitution is OF any
unconstitutional laws, when in fact there
can be no such thing unker our govern
ment. The constitution is the final law
and a legislative enactment is law only
when it is in harmony with, or at least is
not in opposition to the constitution.
If we believe the nation to be greater
than than the state and what American
w
war and the reconstruction following 1t,
then we must believe the constitution of
the United States to be the paramount
law. In fact this has always been the
foundation upon which this government
has rested 1t is only by permission of
the general government that new states
are organized and admitted into the union.
And any provision in the fundamental law
of state in opposition to the Fundamental
of the nation must be of no avail.
When we consider however, the powers
and privileges granted by the constitn ton
of the United States and those of the
states themselves we see a wide differ
ence The federal constitution grants
powers and congress can pass no law not
authorized by the constitution. The leg
islature of state can, however, pass any
laws not prohibited by its constitution. If
there were no constitutional limitations
there could be no unconstitutional law.
for the Legislature might pass any law not
| limited by the constitution OF the United
Statesrand such limitations are few
The constitutional limitations we desire
! to consider are such as have reference to
| the right of suffrage in the state of Kan
sas, and in considering this matter we
must also consider the adjudications of
our supreme court on the subject
| Our constitution, like that of all the
states, prescribes the qualifications of vOt-
ers. In none Of them is the right of suf-
| frage acknowled as a natural right, but q
right conferred by constitution or statute,
upon certain clgsses of citizens. This is a
| power vested In the states and is only linn
tied by the fifteenth amendment to the
Constitution Of the United States, which
is: ''The right of citiz-ns of the e. tied
| States shall not be denied or abridged blythe
United States Or any state on account of
race, color or previous condition OF seryl-
Jude."
1.-The congress shall have power to en-
force this article by appropriate legisla-
ton" Any state law, therefore, in oppo-
sition to this amendment or laws passed
by congress for its enforcement, would be
absolutely null and void. We are often
asked if we have no amendment striking
out the word white in Sec. |, Art. D OF our
state constitution. 1t might be well
enough if we had such an amendment, but
it is not necessary because as the section
stands it has the same effect as if the word
white were not there.
If the Fifteenth amendment contained
the word ''sex" in addition to the words
race, color or previous condition of servi-
tude" our state constitution might stand
as it is and women exercise the right of
full suffrage Whatever rights as voters
women have they must extract from our
constitution as ii is. or from legislative en-
actment, always providing the legls allure
has the power to grant any. The qualifi-
cations of voters in all the states are SIM
liar, though not uniform, Those generally
required are as follows: Citizenship, either
by birth or naturalization.
Residence for given period of time in
the state, county and voting precinct.
In all the states it is required that a vot-
err shall have reached the age of twenty
one years
In some states the payment of taxes, and
in many states registration.
Freedom from the infamy of having
been convicted of an infamous crime.
No idiot or lunatic shall vote.
Most of these qualifications are required
of voters in our state-but not all of them
Under our bill of rights, or suffrage arti-
Gle, citizenship is not an absolute require
ment. All citizens of Kansas do not vote.
Women are citizens: they are not voters,
except in municipal elections; certain for
eigners, those who have declared their in
tention to become citizens, are voters but
they are not citizens.
Certain persons are disqualified: idiots
lunatics. persons convicted of felony, who
have not been restored to civil rights; per
sons diShonoraby discharged from the SER
vice of the United States and not rein
stated; persons guilty of defrauding the
government or any of the states thereof;
persons guilty of giving or receiving q
bride or offering TO give or receive bride;
and persons who have voluntarily borne
arms against the government or the Uni
ted States or in any manner voluntarily
aided or abetted in the attempted over
throw Of said government. Women are
not specifically excluded. Whether they
are excluded inferentially would be an
open question if it were not for
the fact thai our supreme court has decided
the question. Ohce, woman possessing
all the qualifications of an elector, except
that she was woman, went to the open
polls and offered to vote for state and
county superintendent of public instruc-
ton, and rendered ticket for regular
candidate. Ter vote was refused and she
brought suit against the judges of election,
basiEg her claim of the right to vote upon
the provisions contained in section % Of
article of the state constitution. This
section, it was claimed, implicitly pro-
vided for women voting for all school Off
GERS The highest judicial tribunal decided,
first, that woman could not vote for state
superintendent, because he must be chosen
by the electors of the state, and the consti-
tuition declares who shall be electors, in
ferentially deciding that because the
power to vote is not expressly given to
women, therefore, they can not vote. Sec
ond, that the right upon which the claim |
IN this case was based, was not conferred !
Or intended by section % article =.
Third-That however desirable it may |
be, that women should vote, she cannot |
legally vote for state and county superin- |
tendent, under our constitution. This is |!
the case of Winans VS. Williams. reported I
in 9Th Kansas, page .277, and whether there /
be any weak points in the decision as rem
dered or not, it is nevertheless decision |
beyond which we cannot go as iaw-abiding 1
citizens.
We, of course. are privileged to wonder /
by what analogy of reasoning II Is decided !