The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-08-10

Speaking of the schedule he said that
the language used in regard TO the
qualification Of voters was precisely
the same as the language used in the
enabling act, to assume that the con-
intended that voters of the proposed
state should vote at the first election
then the schedule meant the same
thing
Judge Sutherland maintained that
for the purposes of the first election
the convention had the right, under the
enabling act, to assume that the con-
stitution was adopted, and in proof of
this declaration he cited the fact that
Congress said the convention might
provide for the election of state Off
GERS at the same time that the consti-
tuition was submitted to the people.
This was not mandatory. The conven-
ton could do as it pleased. But if it
did provide for the forma ton of a
state government in accordance with
the provision of the constitution such
state government was expressly held
in allegiance until such time as the
state shall be declared a state by pro-
clamation of the president.
He cited numerous provisions in the
constitution which were absolutely
! necessary to be followed in order to
/ hold an election, as, for instance, in
the judicial elections, the boundary OF
the districts. and in the senatorial and
/ representative elections, the boundary
/ of districts, apportionment of legislative
/ districts, etc, which take effect only
with the constitution. If the conStitu-
/ ton was not for the time being con-
sidered in force as to these officers
( how could an election be held? If 1t
could be considered in force as TO these
/ things why not as 10 the qualification
/ OF voters? Speaking of the right of the
! convention TO do certain things he in
e : 70 IArrIg-
late on certain matters, but that all
/ legislation done by the convention
must conform to the constitution. The
power 10 legislate was conferred by
the enabling act, when 1t authorized
the convention to provide by ordinance
for certain things to be done in order
that the constitution might be carried
into effect.
Here a recess was taken until
o'clock
Judge Boreman followed Judge Suth-
erland at the afternoon session. 1a
claimed that the authority was con-
tanned in the enabling act for women
to vote. He cOntended that Congress
had said to the people of Utah that
they could elect delegates to the consti- (
tutional convention and that for the /
purpose of the election for delegates to
the convention certain persons should
vote and after that all people should !
vote on the constitution whom the con- /
stitutional convention should authorize /
to vote therein.
Politics in the Constitution.
Ogden HiIes followed Judge Foreman. !
He prefaced his remarks by saying
that if politics had not mingled so free /
~ in the formation of the constitu- !
ton there would be no necessity of /
appearing before the court todetermine |
just what was intended. He insisted /
that the enabling act expressly provid- /
ed for two classe of voters, viz: All I
who were entitled TO. vote for delegates /
to the constitutional convention and !
the qualified electors of the proposed /
state. He said that the supreme court /
of the United States had ruled that it (
was incumbent upon a court to give /
effect to every word and clause OF Is /
statute In this case, in order to do
that it was absolutely necessary to go
to the constitution of the proposed
state to ascertain who the qualified
voters We're. Speaking of the authority
of a constitutional convention to fix
the qualification of voters he said that
he found that as many as ten states
had conferred the right to vote upon
all citizens who were qualified under
the provisions Of the constitution.
Arthur Browns Argument
Arthur Brown followed in behalf OF
the origin of constitutional authority
and citations Of numerous cases from
ancient and modern history he took no
the question as to who was authorized
to form a constitution. He said that !
the enabling act authorized the people
of Utah to form a constitution. Whom
does that mean? The men. women and
children? They are all people. Ger
tainly not. The term the people
meant certain persons and under the
enabling act it meant the qualified vot-
ers of the territory of Utah at that
time They were to form and adopt
constitution.
He took up the enabling act and in
sisted that it granted authority to GER
tain persons, viz: the male voters Of
the territory Of Utah. Here the court
asked Nj. Brown If he understood the
enabling act to limit his right to vote
for or against the constitution, SAP in
ST. George. Mr.. Brown answered this
in the negative, saying that the right
to vote under the enabling act re-
manned the same as it was under the
existing law, except as expressly pro-
Vided in the enabling act CThis ex-
ception meant certain persons who
were disqualified on account of the vio-
lation of the Edmuns-Tucker iaw1
Speaking again of the people of the
territory IS referred to in the enabling
act. he said it meant the voters ani
only the voters.
Judge Henderson,.
Judge Henderson addressed the court
in behalf of Mrs. Anderson. He said
he agreed with Mr.. Varian that the con-
stitutional convention possessed no
authority, except that granted
in the enabling act; that, in fact. the
sovereignty in this instance was vested
in the people of the United States and
could be granted by Congress alone:
and that if the convention did any
thing not authorized by Congress it
was void. He held, however. that
Congress had authorized the conven-
ton TO form a constitution and pro-
vide Professionally for the formation
of a state government, and that the :
of the state should re- :
main in allegiance, but when the con-
stitution became operative then the
state government became alive. He
held that the inhabitants of the terri
tory of Utah should become the state !
of Utah and not the territory-not the !
land merely. There was nothing in l
the enabling act which conveyed any I
other idea, save that the people should |
become the state, and he read the first !
section of the enabling act, that the ]
etc. should do certain I
things and become the state of Utah.
4 Preposterous Idea.
Referring TO the qualification Of +
voters, he insisted that the idea that r