Arizona weekly citizen., 1895-08-17

the TGttnCatioh UT icyeCJiCU or tue new constitution and also for the officers of | the proposed state. TEe suiS was brought by Mrs. Sarah Anderson ngainst the registration officer of the second precinct of Ogden. It was saesirl pro-
 ceeding by mandamus requiring tho re- | gistratlon oincer to place her name on the registration books as voter The
 registration officer appeared by counsel | and filed demurrer. This brought the
 case up sqare!y on the question of wo- man suffrage.
 After reviewing the casa at great l length, the judge ssys:
 "There Is no doubt whether congress
 ever intended by the enabling net to pro- | vide a1 electorate for selecting the first officers of the state of Utah Tn fact it
 would seem that such was not the Inten- | tion.
 "As to the question of who shall be
 entitled to vote upon the constitution, | the second section of the enabling act
 provides that all male persons in the ] territory prior to November, 1891, shall | bs entitled to vote. and section four of
 the enabling act provides that qualified voters of the proposed state shall Ote for or against the constitution.
 "The plaintiff in the case possesses all the constitutional qualifications, and It seems clear that she is entitled to vote | upon the constitution and certainly for officers ot.the state" A peremptnry writ of mardete was ordered requiring the defendant 10 re- gister the plsintlff es an eiector of the second precinct.
 OMAHA, Neb., Aug. 11-The district | court yesterday afternoon rendered a | decision. in the Omaha police commis- . sion controversy. The court holds that
 the old board is legally in possession and
 entitled to maintain its position until
 further legal proceedings may chow it l is not properly in power. Tbe court, | however, refuses to make the permanent injunction, st;aining the 4. P. 4. police commission from exercising it's functions. The decision is in the nature ] of compromise, and it remains for the court to have the case decided on its
 merits. The important part of the decis- | ion is as follows:
 ''1n fhe light of these decisions, the defendants appointed as fire commission
 CT under tue law of 1895, now in fierce,
 must be held to have the apparent right and to be entitled 2rima facie to the office in question. Such beirg tbe case, court of equity will not restrain them from claiming such offices or from pro- ceeding in lawful manner to obtain peaceful possession thereof.
 Ut has been suggested in argument
 that If the injunction prayed for Is not granted, there Is danger of a coUfl!ct be-
 tween the contendIDg parties to the de- trlment of good order. There is TO allegation in the petition that the defen- dants will use force and violence or
 other than lawful means to gain pOss g. sion and the court wIll not assume that
 1t will be done. On the contfary, have
 too much confidence in the pe Jple Oi
 Omaha to believe that suth cOutes!
 will occur Should anything of the kind
 occur, the responsibility would be with
 those who precipitate 1t or Ino.te it, and
 l take ;casslUn to say GeTe tba: not
 withstandiug the views herein expressed
 as to the rights of the defendants tO the
 possession and occupancy Of the offices
 n question; yet the plaintiffs have the
 right to remain peRceably in possession and 10 exercise the functions of sad offices until otherwise ordered in 8 proper legal proceeding.
 The excitement was intense when the court convened. The room was crowd ed to suffooation. Every available seat
 was taken and the alsies were damned with spectators. Many prominent poli- ticians and flee holders were OA hand
 The judge reviewed the events lead Ing up the present difficulty. He spoke of the exhaustive citation of authorities which had been presented for consider atiOn and stated that he had given the questions legal and otherwise. which were in dispute, his careful attention The title to office, he eald cannot be de cided in this suit. The question, he said. is will the court by injun ctio1 pro tect the old board, thus obliGlng the defeEdants to bring quo warranto pro cee6Ings.
 The regular pc lice commission will re- main in power until the supreme court reviews the case and for an emerency has detailed special officers at the police station and city hall to ieeist ciy force the A. P. A. board may place in the field to take the city to property. Many members of the \. P. 4. have asserted that they will not take possession through force, though no demand has yet been made by the A. P. A. commis- eion for city property on the old com mission. A. P. A. leaders argue that since Judge Hopewell dissolved the in> junction there was no need to wait for n writ of custer and and tonight talk of force. Tonight, however, there is no evidence of trouble.
 NEW YORK, Aug. 11-Willium c. Whit ney was interviewed at Bar Harbor by the World correspondent on the political question and talked freely. He said:
 "ln the selection of the next nominee for president propose to take an active part, but I am 10 candidate myself"
 ''No man has ever refused nomina- tion rendered by a national conyeution," suggested the correspondent.
 ''No one has ever been nominated | president against his own wish" said l MT. Whitney.
 Do you take the gossip about the [ D9sslOl9 Iniru term TOT Mr. CIeVeland | seriously?"
 "I know absolutely nothing of Mir l Cleveland's intentions" said Mir. Whit | ney.
 "You can state very strongly nay opin- 1 ion If you like, that in the next twelve | months MT. Cleveland will grow ic pub- | lie esteem. He is now necessarily the | only bulwark against republican extrav- 1 agance in congress, and l think he will | make record of it. think majority ! of the democratic voters of the country | would tell you they preferred MT. Cleve- l land to any other man. In my iudg- | ment he is more popular today than | ever."
 'As to other caadidates?"