The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1890-10-07
Tha. is Her Punishment for Not
Being an Able-Bodied
Man.
Under the Law She is Ruled Out
at the General Elec-
ton.
Attorney General Haskell Renders His
Decision on the Questions That
Were Raised ut Butte.

The women who are Taxpayers will not be
allowed to vote over at Butte at the coming
election. That is the opinion of Attorney
General Haskell after a thorough examina-
ton of all the law on the subject. They
wanted a say on the questions of the incor-
poration of VAUDEVILLE and the sale of the
central school property at Butte for S75. 1900.
They will get no chance to decide on either.
When the county clerk of Silver Bow raised
the question he only had doubts as to the
right of the women who we're taxpayers to
vote on the incorporation of Walkerville.
He took it for granted that they would be
allowed to cast their ballots on the school
proposition. In that connection his only
doubt was as to whether they should use
the same ballots as tho men or separate
ones. The effect of the attorney generals
opinion is to prevent them using one or the
other.
The opinion is very long and takes up all
the different points at issue. First it con-
siders the right to submit such a question
as that of the sale of the school property to
the "taxpayers'' of the district. The opin-
ion holds that the law requires the school
trustees to act as judges at sucE an cleo
ton, while at general elections the judges
are appointed Dy INC county COnm1BSlOu-
ers, It says that the school district bound
aries are not the same as those of the pre-
cincts ut a general election. One portion
of the school district might be in one cleo
ton precinct and the other portion in an
ether. The board of canvassers would can
vass the vote submitted to them as we'll as
the vote OH the proposition submitted, and
the school trustees would lose control over
& matter which the law places entirely in
their hands, The ballots at each polling
precinct must be uniform and contain the
same printed matter and the same propo-
sitions. but if the boundaries of the election
precirct did not wholly include the school
district, the judges must have two forms OF
official ballots. The judges would not be
able to determine the ticket each elector
should vote. They would not have the
boundaries of the school district before
them, and would have no means of knowing
who are taxpayers. For these reasons the
attorney general is of the opinion that the
election is special and must be presided
over by the school trustees.
On the question of the right of women
to vote the opinion quotes the law on the
duty of registers. The attorney general
CONSTITUTES it to mean that none but men are
entitled to vote at general elections. He
says: 'As the law provides for the registra-
ton of those only who are fully qualified to
vote at the general election. it is apparent
that women are not entitled to be registered
under the registration law. If women are
entitled to be registered. they are entitled
to cast the same kind of a ballot as any
elector. To permit them to register wo9ld
necessitate form of oath for this special
purpose, and as the statute has not made
any provision for the same, 1 know of no
law that delegates any authority to the reg
istry agent to improvise one for the occa-
sion. That they should not be permitted to
they cannot vote, at any poll
ing precinct established by the
commissioners on any general election day,
unless registered. is prescribed BY law.
Should the trustees of school district per
NIT women to vote on such questions, is a
matter for the district and not for us to de-
termine. l am of opinion that all electors
would be entitled to vote upon such ques-
tions submitted to the district, ard that ths
question should not be submitted to the
question of bonding the district or rails
ing money, but to authorize the trustees to
sell certain property for a given sum. The
servant as well as the master, the poor
parishioner as we'll as the bishop, may vote
ON this question. If there ia any law to the
do not want to find it. This question is not
submitted to the taxpayers but to the dis
trict, hence all electors may vote, the quail
fcations of whom shall be determined by
the board of trustees of the school district
who shall preside at the election"
The attorney general decides that the
election for the formation of the municipal
corporation of Walkerville is special one,
to be called by the county commissioners,
and that all qualified electors within the
proposed limits shall vote. Women not be-
ing electors under the constitution. cannot
vote, he says, as it is not proposed to sub
NIT the question to the "tax payers
I'm view of the conclusion arrived at, u
the attorney general says am of the
opinion that women cannot register or vote
at any general election upon any PROPOSE
ton under our present laws; that all quail
fed votors can vote upon the question o.
the incorporation of the city of Walkerville
and that all qualified electors may vote OF
the proposition to instruct the trustees t.
Sell the school property for $4,000"
Agnes Booth.