Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1892-03-10
WILL WOMEN VOTE:
The Late Act of the Legislature
HELD as Illee al.
Opinion or N. NJ. stErgs ON on the
subjeet-In lIsIsne There IL Lii
able 70 be Fun

Inc question O. the scope ana LEGALITY
OF the act of the ate legislature emitting
women to vote at school elections has
given rise 10 wide difference of opinion
throughout the country in view OF the
fact that the law TO receive its first test
at the forthcoming school elections. In
order to ascertain legal view of the new
law, F E. Rogers. treasurer Of the Port
Byron school district, recently wrote At
torrey General G E Hunt, of Illinois. for
an opinion on the subject. and that off,
cisl in reply referred Mr.. Rogers to
States Attorney n NJ Sturgeon, who
the subject, Of which he has furnished
County Superinte ndent c. B. Marshall
with copy. In his opinion Mr.. Stur-
geon holds that the set of the legislature
of 81, giving women the right to vote is
void, because it fails of its manifest in.
tent and purpose, inssmuch as it is in
Corf.ct with the provisions of article
Of the constitution of the state, as WON
en- do not come within the classes stipu-
lated in article :. TO which the late act
specifically refers
In formulating his opinion Mr.. Stur~
geon reaches the following conclusions:
First. The reform ballot law OF 1891
does not in any manner relate to, or con-
trcl the election Of trustees of schools.
That such officers are TO elected the same
as though no law had been passed.
Seceud. Sec. 10 of Art. 3. general
school laws of 1891, expressly exempts
the election of sci COL trustees from the
general provision Of section 5 OF the same
act, a. to the time ard manner of such
election where the congressional town
ship lines and the civil town lines coincide
as they do in Port Byron. Under section
10 of the act referred to, the time and
manner OF holding elections for trustees
is the same IS FOR the election
OF other towu officers, and it
is fairly to be inferred that
the election should be called By the
town clerk and be presided over BIZ The
same judges that presided at tie election
OF other town off GERS. So far there is
no necessary confusion OF difficulty, but
the law governing the reform ballot
method of voting and manner OF naming
ana determining candidates TO be voted
for, commonly called The Australian s7s>
TEN, does apply ID the election OF town
officers but does rot apply to the election
OF school trustees therefore the ballot
may be the same As formerly. No sepa-
rate booths will be required, and anyone
can be voted for without aaY ref, renee
as 10 when or how ne became candidate
AID The ballots caa be counted without
any reference TO the new law.
TIE judges OF election will have no
supervision over the kind of ballots used
and it would probably be necessary to
have separate ballot box in order to
avoid all confusion Sec. / of the reform
ballot law expressly excludes from its
operation the election OF trustees of
schools and leaves that election to be
conducted so far as possible as though
such law had never been passed.
Third. As to women voting st cleo
tons for school officers Mr.. Sturgeon
states that the act attempting TO confer
that right is a remarkable tumble of
words and is of very doubtful meaning
It is q curious feature, continues he,
that tie act refers to article Of the
constitution OF 1870 as the source of pow
e1 for its enactment, and tina; only such
| woman shall vote IS are mentioned il the
three clauses named in said article which
is substantially as follows.
Every person having resided in this
state one year, in the county 80 days and
| in the election district 80 days, who was
an elector in this stste on ths first day of
| April, 1913, or obtained 8 certificate of
naturalization before any court OF record
| in the state prior &c the first day of JAM
usry, 1870. or who shall be male citizen
| of the United States above the age Of 81
years shall be enti.led TO vote at such
| election
| An elector on the 1st day of April SIS.
was white male citizen and it Can hard
| IL be c0uteuded that there is now living
or was living 81 the time Of the passage
of the act. any white male woman.
| Under the second clause it is possible
and probable that some women of foreign
birth obtained natuT slization papers from
a court of record prior to Jan. 1, 1870.
and if such there be, it is possible that
under the act in question, they msy be
allowed 10 vote, but il would seem prepos~
| ferrous that the legis sture had this class
of women in view il the passage Of such
act TO the exclusion Of native bern wOu
/ Ell.
! Under the third and only other provi-