Grand Rapids herald. [volume] (Grand Rapids, Mich.) 1892-1959, 1893-10-25
NO VOTE FOR WOMEN
The Supreme Court Declares the
Suffrage Act
UNCONSTITUTIONAL AND VOID
Justice McCsath Writes the Opinion
which IL Concurrscd I'm unanis
monsiy by the othor Jussices-

LAxsiso. Mich.. Oct. e4--Ths su.
pfeme court. Ia the mandamus proceed-
ings. brought 70 test. the constitution
aiity of the act passed by the last iegis-
latnre granting school and municipal
suffrage 20 women. at 10 o'clock to-day
handed down an opinion written by
Judge McGrath and concurred In by
the entire bench, declaring the law
wholly unconstitutional and void.
There were two cases brought. one by
Mary Stuart Coffin. against the board
OF election commissioners of De
troit and the other by Edward H. Ken.
nedy. ct al. against Mayor Pin
gree and the comrpon council OF Detroit.
Both were disposed Of by the court In
one opinion. The court says that the
general rule is that the source of all au
thority 10 vote al popular elections Is
the constitution; that the electorate 10
constituted by tho fundamental law;
that the qualifications Of electors must
be uniform throughout the state. and
that wherever the constitution has pre-
scribed the qualifications of electors
they cannot be changed or added 10 by
the legislature or otherwise except by
an amendment to the constitution.
What the Constitution says
Sec. l Of art. of the constitution.
which provides who shall be electors
and entitled 10 vote. is quoted. and the
statement made that its terns are ap-
plicable 10 "all elections" The court
says that TO empower the legislature TO
confer the elective franchise upon
classes Of persons other than those
named, some other provision must DO
pointed out which confers that author
ity in express terms or by necessary i'm
piication.
In support OF the act. IL was argued
that the constitution in sections l3 and
ii OF article 10, empowers the legisla-
ture 10 provide qualifications for voters
in village and city elections: and the
celebrated case OF Bellies vs. Burr. 76
Michigan. with others, was quoted TO
support the contention.
The court says. however, that these
cases involved only tho validity OF acts
conferring upon females the right TO
vote for school district officers under
constitutions which, like our own. name
no school district officers and do not
prescribe or suggest how such officers
shall be chosen, but in express terms.
relegate 10 the legislature the duty OF
providing for and establishing a system
OF public schools.
Can Vote I'm school Districts.
School districts are regarded as muni-
cipal corporations. As such they pre-
ceded the constitution and were rec
ognized by that instrument IL was
Ill <sfI Il.lia. fhuf
the constitution Of 1873 as well as 1850
had in terms authorized the Legislature
TO construct primary school system.
and that for years antedating the pres
ent constitution the legislature had con
strued similar provision as comforting
the power TO determine the qualifica-
tions OF voters for district school officers.
The court says that for many years
prior to the adoption OF the present con.
stitution the Legislature had exercised
the power OF providing for the incorpor-
alton a cities and villages and ia the ex'
ercise Of that power had in each instance
determined what officers should be
elected and what appointed and the
time and manner Of both election and
appointment; yet this Is the first IN
stance in which, the legislature has at
tempted To extend the right 81 suffrage
10 persons other than those named IA
the constitution.
Law Held to he Invalid.
The power TO provide for incorpors
ton Of cities is not mike that given fai
4 the organization Of counties, aud the
authority 10 direct the time aud manner
in which judicial officers shall be elected
and the other officers elected or aIp
pointed. does not involve the power r.
/ determine who shall constitute the ele's
1 torate The constitution has already
provided for electors. aud when IL pnD
/ yides that En officer shall he elected. II
certainly contemplates an election 10y sr
electorate which IL has constituted.
No other election is known TO the
constitution. and when il provides that
the legislature may divert the manner
/ in which an officer shall he elected. i
simply empowers the legislature 10 pro
vide the details for the holding 81 such
/ election.
The court. therefore. unanimoual,
held the law invalid. denying the man
/ damus asked for by Mary Stuart CofhT
and granting a writ of prohibition IN re-
sponsc 90 the application Of Edward li
kennedy ct al.