The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1890-10-07
WOMEN CANNOT VOTE.
Attorney General Haskelis opinion ON
Two Points OF Interest to Butte.
sn.c,aI IN tina Standard

Attorney General Haskeli's Opinion ON
Two Points Of Interest TO Butte.
Special 10 the standard.
HELENA, Oct. 6.-Attorney General Has
kell has given out his opinion concerning
the right of women 10 vote on the ques-
tons of incorporation OF Walkerville and
the sale of the Central school property at
Butte for $4,000. The question was raised
by the county clerk Of Silver Bow. The
opinion is to the effect that women cannot
vote. The opinion holds that the law re-
quires the school trustees to act as Judges
at such an election. while at general cleo
tons, the judges are appointed by the
county commissioners.
IL says that the school district bounda-
ries are not the same as those of the pre-
cincts at general election. One portion
of the school district might be in one elec-
ton precinct and the other portion in
another. The board OF canvassers would
canvass the vote submitted 20 them as
well as the vote on the proposition sub
mitted, and the school trustees would lose
control over matter which the law places
entirely in their hands. The bal
lots at each polling precinct must
| be uniform and contain the same
| printed matter and the same provisions,
but IL the boundaries of the election pre-
cinct did not wholly include the school
| district, the judges must have two forms
of official ballots. The judges would not
he able to determine the ticket each
elector should vote; they would not have
| the boundaries OF the school district be-
fore 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
10 vote the opinion quotes the law on the
duty OF registers. The attorney general
construes Il to mean that none but men
are entitled 10 vote at general elections.
He says: "As the law provides for the
registration OF those only who are fully
qualified TO vote at the general cleo
ton II is apparent that women
are not entitled to be registered under the
registration law. III women are entitled
10 be registered, they are entitled to cast
the same kind Of ballot as any elector.
To permit them to register would necessi-
tate form OF oath for this special pur-
pose, and as the statute has not made any
provision for the same, know of no law
that gives any authority 10 the registry
agent TO improvise one for the occasion.
That they should not be permitted to reg
lister have no doubt; that they
cannot vote at any polling pre-
clnct established by the commissioners
on any general election day, unless
registered is prescribed by law. Should
the trustees OF school district permit
women TO vote on such questions is q
matter for the district and not for US to
determine. | am Of opinion that all
electors would be entitled to vote upon
such questions submitted to the district,
and that the question should not be sub
mitted to the taxpayers" This is not
the submission of question of bonding
the district or raising money, but to
authorize the trustees to sell
certain property for given
sum. The servant as well as
the master, the poor parishioner as well
as the bishop may vote on this question.
II there is any law to the contrary fail 10
find il, and IL there is do not want to
find IL. This question is not TO be sub
mitted TO the taxpayers but to the district.
Hence all electors may vote. the qualitica-
tons 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 munich
pal corporation of Walkerville is
by the county commissioners, and that
all qualified electors within the pro-
posed limits shall vote. Women, not
being electors under the constitution,
cannot vote, he says, as il is not proposed
TO submit the question TO the Taxpayers
"In view OF the conclusion arrived att
the attorney general says, 81 am of the
opinion that women cannot register or
vote at any general election upon any
proposition under our present laws; that
all qualified voters can vote upon the
question of the incorporation OF the city
: of Walkeryille; aud that all qualified
electors may vote on the proposition TO
Instruct the trustees to sell the school
property for $4,000"