The advocate., 1891-03-11

which tho conatitut0nality OF thia bill can
bo upheld ie that said sootion does not apoOi-
fy tho qualification OF legal votom In this
state; but that section Of said article
doaignatoa certain restrictions on tho right
OF suffrage, and that person who 10 not
disqualified by tho provisions Of section 2,
oan, under the constitution, bo declared a
legal voter by Legislative enactment.
Section ., article 3, reads as follows;
"SeotiOn 2. No person under guardian
ship, non oompos mentis, or insanoj no poF-
son who has been dishonorably discharged
from tho service Of the United States, un-
less reinstated; no person guilty OF deiraud-
ing the government OF the United States, or
any OF the states thoroOf no person guilty
of giving or receiving a brlbo, or Offering 70
give or receive bribo, and no person who
has ever voluntarily borne arms against the
government Of tho United States, or In any
manner voluntarily aided or abettod In tho
attempted overthrow Of said government,
except all persons who have been honOrably
discharged from Che military service OF the
United States since tho Arst day Of April,
A. ID. 1861 Provided, That they have
served one year or more therein, shall be
qualified 10 vote or hold Office In this state,
until such disability shall DO removed by q
law passed by a vote OF two-thirda Of all Tho
members Of both branches OF tho Logisla-
turs."
Your committee deems this view entirely
untenable, and concurs with tho universal
opinion in this state, among members of
the legal profession, and intelligent, edu-
Gated citizens Of all classes, chat section
designAtes who are legal voters, and chat no
person not possessing the qualifications con-
tanned in said section can, under the law,
vote al any general or township election.
II persons not in the qualified class, un-
der section 2, can be given the right 10 voto
by legislative enactment th0n there Ia
nothing 10 prevent the Legislature from
comforting the right Of suffrage upon women
who have not reached the ago Of twenty-ono
years, who are not citizens OF tho United
States, and who have not declared their In
tentiOn TO become such.
We are aware chat under the constitution
Of this state, and the decisions Of tho su-
preme court, that az municipal and school
elections, or any other election not dosig-
mated by the constitution, women can bo
given the rghttO vote by tho Legislature, but
we we're not aware until the passage Of this
bill by the other branch Of this Legislature
that 10 has ever been seriously held that the
Legislature can disregard section /, article
8, and cay that persons not possessing the
qualifications specified in that section can
be given the right TO vote by Legislative en-
actment.
We refrain from expressing any opinion
upon the question now much discussed, as
TO whether women shall DO given the right
Of suffrage. II is unnecessary 10 consider
any question but the ConstitutiOnality Of this
bill.
BY what theory persons who claim TO be
representatives Of the people, and now un-
fortunately occupy that position, can, in the
face Of this constitutional provision support
this bill, your committee is at a loss 10 un-
derstand. We can only account for II upon
the theory that the bill has so far progressed
upon its career with the hope that before
reaching its destination Ii would bo killed
by kind legislative action, and thus prevent
the state from DlOCing upon lbs statute books
a law which would be unconstitutional from
lbs inception, and which would give no
greater rights than those possessed already.
Your committee assumes the responsibility
Of officiating at the Legislative extinction Of
this measure, feeling that our position will