The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-26

Eminent lawyers disagree as to the
construction of the enabling act and
OF the constitution in the light of that
act. Who shall decide? When doctors
differ. the patient has to suffer or OBJ
tain 1.-THE benefit of the doubt But
when lawyers contend, the court has
the last guess and by that means the
difficulty is settled.
1t may be thought that there ought
not to be any contention on this sub
1ect. Many people will agree with our
friend that it is absurd to think that
women ought to vote on the question
whether they shall be permitted to
vote. But even that is open to debate.
There are many very sensible men and
women who believe that on so impor-
tant a question to women, they should
certainly have the privilege of record
Ing their wishes by casting ballot
for or against the proposition.
But really that is not the point to be
specially considered. 1t is this: If the
enabling act, by providing that "the
qualified voters of said proposed state
shall vote directly for or against the
proposed constitution" intended that
such persons as are made qualified
voters by that instrument shall vote
for or against it's adoption, then the
denial of any of such voters Of the
right so conferred. would be viola
ton of the enabling act and might
render the election void.
On the other hand if the intention
of Congress was to limit the right of
voting for or against the constitution
to the persons named in section two
of the enabling act, then some other
construction must be put on the pro-
vision that 1.-The qualified voters of the
proposed state shall vote" than that
placed upon it by some of our leading
attorneys. What does it mean? 1t may
possibly have this signification; That
the persons who are qualified voters
residing in the proposed state, that is
the present territory, and whose right
to vote is defined in section two shall
vote on the adoption Of the Constitu-
ton.
1t must be remembered that the pro-
posed constitution is very clear and
emphatic in the provision that: 1.-THE
rights of the citizens of the State of
Utah shall not be denied or abridged
on account of sex. Both male and fe-
male citizens of this State shall enjoy
equally all civil, political and religious
rights and privileges"
1t is argued that Congress never in
tended to confer upon women the right
to vote, which is. no doubt, correct.
Congress did not prescribe or limit the
qualifications of voters in the proposed
state. 1t was not the province of
Congress to do anything of
the kind. The power to regulate the
right of suffrage and of holding office
is a State power. and was inherent in
the constitutional convention. The en-
abling act neither authorizes nor for
bids woman suffrage.
Our friend asks if it is positively
known that the presidential proclama-
ton will issue if women vote in No
vember?" 1t is positively known that
the President is favorable to the adj
mission of Utah-in spite Of false
hoods to the contrary told by Republic
can prevaricators-but 1t is the duty of
the President to see that the terms Of
the enabling act have been complied
with.
Able lawyers say they will not be
complied with if number of voters
of the proposed State-to wit. women
voters-are denied the privilege of vot-
ing for the constitution. Other able
lawyers believe the enabling act in
tended to limit the voters for the
constitution to male citizens over q
years of age who have resided in the
territory one year next preceding the
election. Because Of this division Of
opinion we think the matter should
be decided by the courts and that the
President will be more likely to take
the decision of a competent court as
a guide than the opinions of attorneys
on either side.
This is not party question. 1t is
legal question. 1t should be judicially
decided. Why not? We do not know
that anybody is anxious about it as
affecting the question of equal suf-
frage, one way or another. That has
been settled. The constitution will be
adopted. 1t is desire that the en-
abling act shall be fully complied with
that has prompted those attorneys
some of whom are, on principle, op-
posed to woman suffrage-to advise
the carrying of the case to the courts.
Precedent, or what the women of
wyoming or the AfrO-AmericanS did,
or what was done in other states or
territories, does not cut any figure in
this case, which is sui generis. 1t is
simply question of the meaning and
intent of the special enactment Of
Congress in this case made and pro-
vided
The Herald has no point to make in
this discussion except that the dispute
ought to be decided judicially, because
that is the safest way to settle it.
There should be no ill-feeling about it,,
for it is out of the domain of partisan
politics and of the moral right or
wrong of equal suffrage, and is now re-
solved into simple question Of the
construction of legislative enactments.
MORTALITY KILLED.
Jose Marti, president of the Cuban rev.
olutionist party, was killed again yester-
day. but whether fatally or not the dis
,oo+.ot,ay foil 70 cta Chicago niSDatch