The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-03-30
VOTING ON THE CONSTITUTION.

We regard the springing of the ques-
ton as to the right of women to vote
on the adoption of the State Constitu-
ton if that instrup.ent shall confer
upon them the suffrage as a movement
in aid of the opposition (which GER
tainly needs esomething 10 give it
strength. A careful analysis of the
provisions of the enabling act in refer
ence to voting to our mind establishes
beyond a doubt the exclusion from the
voting privilege on the adoption of the
Constitution all but male citizens of
the United States, over the age of
twenty-one years, who have resided in
this territory for one year next prior
to such election.
Our reasons for reaching this conclu-
sion are derived from the following
provisions of the enabling act:
That all male citizens of the United
States over the age of II years, who
have resided in said territory for one
year next prior to such election, are
hereby authorized to vote for and
choose Delegates to form a convention
in said territory.
That fixes the qualifications of vot-
ers to choose the Delegates. Now for
the qualifications of voters on the
adoption of the constitution:
Persons possessing the qualifications
emitting them to vote for Delegates
under this act, shall be entitled to vote
on the ratification or rejection of the
Constitution, under such rules or regu-
lations as said convention may: pre-
scribe, not in conflict with this act.
Women would not be persons posses
sing the qualifications emitting them
to vote for Delegates, because zone of
those qualifications required is male
citizenship. No matter what the Con-
stitution may provide or what rules or
regulations it may prescribe, that
qualification cannot be set aside and
all the power of the convention can
not constitute women "male citizens"
The rules and regulations which the
convention may prescribe are merely
for the conduct of the election, not for
the qualifications of voters lat that
election. And anything of that char
acter that the convention might pro-
vide, would be void if it was in con-
flict with the enabling act,~for that is
specific and prohibitory. The qualif-
cations for voting for Delegates to the
convention and for the ratification of
the Constitution are identical.
But, it is claimed that later pro-
vision of the enabling act covers
broader ground. and would admit
women voters if the state constitution
should so provide. 1t is this:
That in case a Constitution and State
Government shall be formed in compli-
ance with the provisions of this act,
the convention forming the same shall
provide by ordinance for submitting
said Constitution to the people OF said
at an election to be held on the Tues
day next after the first Monday I'm
November, eighteen hundred and
ninety-five, at which election the
qualified voters of said proposed State
shall vote directly for or against the
proposed Constitution, and for or
against any provisions separately SUBJ
mitted.
We find nothing in that which con-
fiicts with the previous provisions of
the act. Only "the qualified voters"
may vote on the ratification or rejec-
ton of the Constitution, or for or
against any separate proposition. And
the act has defined who are 1.-THE quail
fed voters" that is male citizens of
the United States" etc. 1t <also for
bids anything in relation to that cleo
ton which is 'in conflict with this
act"
If the convention can confer upon
women the right to vote at the election
provided for in the enabling act, it
can also admit persons to vote who are
not citizens of the United States, or
who are not over the age of twenty
one years. or who have not resided
one year In the territory.
Courts would construe together the
several provisions we have quoted and
therefore. without reasonable doubt,
would decide that no person could
legally vote for or against the adop-
ton of the Constitution, or any separ-
ate proposition submitted at the same
time, who is not male citizen Of the
United States possessing all the quail
fications required by the enabling act. |