The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-04-05
WAS II
"A Prominent Attorney Says the School
Election Was Illegal.

~~~ss-~
A Prominent Attorney Saws the School
Election Was Illegal.
MI. A. H. Nelson writes the following
legal view of yesterdays school election
Section 10 of article TX of the constitution
of Montana is as follows: women shall
be eligible to hold the office Of county
superintendent of schools or any school
district office and shall lave the right tc
vote at any school district election" We're
that the only statute applicable to the
voting of women at the election held yester-
Gay then every female of this city over the
age OF eighteen years, whether a citizen of
the United states or not, had a light to
vote at That election. In section 12 of the
same article of the constitution it is. how
ever, provided that upon all questions
submitted to the vote of the taxpayers of
tho state or any political division thereof
women who are taxpayers and possessed of
tho qualifications for the right of suffrage
required of man by this constitution shall
equally with men have the right to vote"
In these two sections is comprised the
supreme law of the state of Montana upon
the matter Of female suffrage. Any law
passed by the last legislative assembly con
tanning any provisions of these statutes is
unconstitutional, and an election in which
the electors or any of those did not possess
the above recited qualifications is ipso
facto void.
Query, Was the election of yesterday upon
a question or questions submitted to the
tax payers of Helena "a political division"
of the state of Montana? If 80 then every
man or woman not a tax payer who voted
at that election voted illegally, and thereby
rendered the results of that election void,
That it was such a question is evident
from the fact that in the act approved
March 9th, 1891. entitled IAN act to amend
an act to amend section $3.50 of the school
laws Of Montana to relative to publishing
notices n the qualifications of electors at
school elections the oath prescribed for
every challenged voter is as follows: you
do solemnly swear Cor atfirm) that You
are u citizen of the United
States that you are twenty-one
years of age. according to the best of your
information and belief; that you have re-
sided IN this district six months next pre-
cedlng this election; that you are a tax
mayer in this school district: and that YOU
have not before voted this day."
Every man and woman who voted Mt the
school election yesterday virtually took
that oath; and hence every vote cast by a
non-taxpayea was illegal. The act from
which ! have above quoted must be in all
Its provisions in accord with the express
provisions of the sections OF the constitu-
tion above cited or il Ia itself unconstitn-
tional. But it will hardly be questioned
that a wonld-be voter, who cannot take the
oath that he must take II challenged, votes
illegally IL he casts n ballot. am fully
aware of the apparent distinction made in
the act OF March 9, 1891, bet ween male and
female electors and in favor of the latter
GLASS. since the qualification land la 4
taxpayer thereof "by which male suffrage
y limited ID omitted In tho case Of female