New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-11-07
WOMEN AND THE BALLOT.
COMPILATIONS EXPECTED II THEY TRY
To VOTE FOR SCHOOL COMMISSIONERS.
,,.ncr WILLIAMS GIVES TIE REASONS FOR DE
CLAEING THE LAW EMPOWERING THEM


- ,rss,ion of whether or not women can vote
obool commissioners under the law recently
W, eeens likely to cause serious com
wa,,ons before Election Day is over. In Suffolk
c,,,v one woman is reported TO have declared
40, che will vote in spite of the fact that oil
-. courts before whom the question has come
80 declared the law TO be unconstitutional Judge
,,-u,an,s of the Supreme Court. declared ii to
:. 40 IN an opinion delivered at Syracuse week
S,rs last Judge Bartlett. also of the supreme
court. decided the question the same way.
Mrs Raynor, in Suffolk County. demanded
foam Orange +. flaming. the County Clerk ballots
Cor the use of the women. Judge Cullen was asked
30 the County Clerk for advice to whether or
rot he should comply with the demand. Judge
cullen advised that il the duty Of the County
csrk 10 send out the ballots he had nothing
"a 40 with the question of who presented them
a, the polls. Consequently the inspectors OF cleo
,on will have to decide the question themselves
lust what will happen if the women demand the
privilege Of voting is clear If their votes
should be challenged and they swear them in' or
attempt to. the question will arise as to wneiher
Ar not the inspectors will have the right to reject
Them after the women swear tina; they are quail
fed voters. On the other hand. If they DO swear
IN their votes and it subsequently appears that
they are not qualified voters and nave conse-
auently sworn falsely they stand a good chance
Of spending some time in prison.
The decision of Judge Williams although not ex-
ness
PROVISION OF TIE STATUTE.
The statute of 1892 clearly provided. he says
"that women might vote in the various School
Commits districts of the state for the office
Of School Commissioner. Under that act a large
number of women have registered in the counties
Of Onondaga and Oneida. Two adjudcations are
presented one from the county of Onondaga and
the other from the county of Oneida. with view
OF determining whether women may vote 10: TINS
office 1t is provided by Section Of Article 10 or
the Constitution: An county officers whose cleo
ton or appointment is not provided for by TINS
Constitution shall be elected by the electors of the
respective counties or appointed by the boards OF
supervisors other county authorities as the Leg
isature shall direct. All such town and village
officers whose election or appointment Is not pro-
vided for by this Constitution shall be elected by
the electors of such cities towns or villages. or
some division thereof. appointed by such
authorities thereof as the Legislature shall dess
nate for that purpose. All other officers whose
election or appointment is not provided for BY this
Constitution and all officers whose office may
hereafter be created by law. shall be elected 10y
the people or appointed as the Legislature may
direct
The office of School Commissioner. the Judge
saws is not an Office provided for by the Constltn
ton Neither it Office in existenc. at the
time the Constitution was adopteA. IL Il, thefe-
fore. the opinion continues.
An office created after the adoption OF the Cen
s;ution by the terms Of this provision such officers
might elected by the people or appointed a. tho 'g'a
tuge should direct The statut" creating the once o"
commissioner pa--d in 1856 Odd the statute paced
IN 1894 continuing such Office lsave doub, bu' that e
Office made BY the Lcgi-sture one whose ncuIiDrh
should e elected by the people appointed by any
authority BY section g. title . chapter 81 of laws OF
1864 IL IS provided The school commissioners for each
district shall ~ elected by the eleoor
thereof by ballot at the general election OF 1856"
snd tricnnaly thereafter The laws regulating the ,lc
tlorar nd he
.asi apply to election. And 80 IN the act OF ls-
authorizing to vote for th: oh;e IL l. W'ln'u
,n PERSONS without regard 20 rex. who ave eRiD'e 10
the Office OF school commissioner and have the Oihc" quail
Gcaons now required by law shall have the lisht :"
vote for school commits !oners in te various COMMISSIONS
districts Of tho State" And then the act further pro-
yidcs for ballots furnished aud used by women Ia
voting for this Office etc.
TIE OFFICE 70 BE FILLED BY ELECT
In view Of and other provisions Of the statutes
with rcefenc TO the orice school commissioner IL
conceded that the Legislature has made 'his
onl;e or, b. flied ~ election and not by appoint
ucnt. is provided by section 1 OF article OF Vie
Constitution: Every male citizen Of the age OF twenty
one years who shall have been citizen for ten DAYS
and an ihaLant o, tn stat, for ono wear next INC d.
Ing on election aud for the last foar months resident
O; the county the thirty DAYS resident OF
tic election di.tiic which ne Offer his No., ha
lie entitled such election IN The election district
IN which h shall at the tim be a resident ana ho'
elsewhere for all tina; hereafter NAV
may be s"bmitt 4 to q Not. ,. the people etc
II Will be well settled tina, the provision ha~ hal the
eject TO cxclrdo al who not males from the
tight 10 vote for the ree 10 In the provision
and the Legislature has to act author
hing females vote for any such Officers. We ar
brought Therefore this conclusion: The Onr Of school
connlssio:cr having made elective by the people
no p.rson can vote ncumL OF the Office wfo
Is not authc:i7cd this latt provision o. tac Con
,firuon TO vote only male authorized
10 vote The only escape from this conclusion must BE-
found In the claim in behalf OF u,tse t!at
Tho onica OF school copms-ion.T covered ~ thc
latter nro,islon Of article 10. section . Of the Cons
,uton. All officers whose ofhce, hereafter be
a:e1 by law or shah be elected b. TIE people appoint
cd as the Legislature direct"
THE CLAIM CNrENABLE.
!, seems 10 me that such claim is uncnable ard with
ou, sur,,rt in reason or authority No attempt is here
,,ac 10 cite any authorities analyze thc Consid
s ver thoroughly examined and considered b. counsel
s,1 tho court al tic time they cited and erred
Counsel are fully aware the views enter aimed L. the
cor with reference and they need not b. stated
here.
hut hn. the act o. authorizing women to ,o" for
c office Of school commissioner and is violation
Of the provisional provision hereaoecre referred TO- AMI
TIA, vouon are entitled 10 vote Tor the once o
sehool commissioner The application should therefore
bc granted. Formal orders may DC Picl"i'' W No
and submitted for signature,
General T. T. Rodcnbough. the Chief OF the Bu-
-