The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-15

the Constitution or For State
Officers in the Coming Election.
Chief Justice Merritt yesterday filed
his written opinion with the clerk of
the supreme court in the case of
Sarah e. Anderson VS.. Charles D. Ty-
rec, involving the right of women to
vote on the adoption or rejection of
the state constitution and for state
officers. The opinion was concurrcd
in by Judge Bartch and dissented
from by Judge King. The full text Of
the opinion is as follows:
BY the Judgment of the district court
the respondent was granted a writ of
mandate directing the appellant, as a
registrar of voters, to register her as
Il legal voter for the November cleo
ton, 1895. to he held for the ratifica-
ton or rejection of the proposed con-
Stiturion and for the election of state
officers for the proposed state The
appellant appealed to this court AS
the case is intended to test the right
of women to vote in November, 1895,
it is a matter of considerable public
I
earnestly argued.
However desirable woman suffrage
may he, it must first be authorized by
law, and the women of the territory
will not wish to commence the exer-
else of such a privilege by voting il
legally.
In the argument the right to vote
for or against the constitution and the
right to vote for state officers have
been discussed separately, and it will
be convenient to follow that order and
first speak of the right to vote for or
against the constitution.
It was conceded in the argument
that the right of the respondent to
vote for or against the constitution
rests on the enabling act of Congress.
! There are two prior acts of Congress
to which reference must be made.
One disapproves an act of the legisa-
ture of the territory allowing woman
suffrage and prohibits its exercise in
Utah. The other, usually referred to
as the Edmunds-Tucker law, provides
for registering voters. prescribes
registration oath, and prohibits from
voting anyone who does not take the
OATH Omitting special features of
the oath, which requires the voter to
swear that he is not q. poiygamist, etc,
the principal PERSONAL qualifications
are male citizenship, the age of q
years and a residence in the territory
of six months.
The enabling act of Congress pro-
vides for the formation of a proposed
constitution and state government, the
ratification or rejection by the peo-
pie. and if so ratified, the result is to
be certified to the president and if he
finds the constitution and state gov
eminent are republican In form, and
that the conditionsfnof the enabling
act have been complied with, he is
sues his proclamation announcing the
result and thereupon the state of
Utah is deemed admitted. The en-
abling act is the legislation which set
ties the terms Of admission and the
subject does not go back to Congress.
The scrutiny of the work is made an
executive duty and act. All the COM
pact relations between the United
States and the future state are liked
by this act, and the methods and or
der of procedure to attain statehood
are carefully pointed out and author
lied.
section 1 introduces the subject
and declares, in substance, that the in
habitants of Utah territory may be-
come the state of Utah on the condi-
tions named in the act.
Section 2 takes UP the order
of procedure, and, as electlons
will be required and voters are
necessary to elections. it first
provides that male citizens over q
years of age and who have resided in
the territory for a year, may vote for
and choose delegates to the constitu-
tional convention, and that the dele
gates shall possess the qualifications OF
electors. After giving the number OF
the delegates, and distributing them to
the various counties or precincts, II
provides that the governor shall call
an election on a day named in the
section; that the Utah Commission
shall cause new registration of vot-
ers to be made under the laws of the
United States and said territory, eX-
cept that the oath required for regis
tration under said laws shall be
so modified as to test the qualifications
of the electors as prescribed in the
enabling act, and the registration is
to conform as nearly as may be with
the provisions of such laws. After
providing for the returns and canvass
of the votes, this section finally pro-
vides that persons possessing the quail
ifications for electors of delegates,
the constitution under such rules or
regulations as the convention may pre-
scribe. not in conflict with the act.
Section fixes day for the delega-
tions to meet and directs that after
they organize t'they shall declare on
behalf of the people of said proposed
state that they adopt the constitution
of the United States, whereupon the
said convention shall be and is hereby
authorized to form constitution and
state government for said proposed
state"
This section also gives mandatory
conditions and limitations designed to
preserve federal relations
Section 4 provides that if constitu-
ton and state government shall be
formed the convention form
ing the same shall provide by ordi-
nance for submitting said constitution
to the people of said state for its rati
fication or rejection. at an election TO
be held on the Tuesday next after the
first Monday in November. 1895. AT
WHICH ELECTION THE QUAIL
FLED VOTERS OF SAID PROPOSED
STATE SHALL VOTE DIRECTLY
FOR OR AGAINST THE PROPOSED
CONSTITUTION, AND FOR OR
AGAINST ANY PROVISION SEPAR-
ATELY SUBMITTED.' This last
clause is capitalized for aid of refer
ence; it is not capitalized in the act.
1t should be noted that the enabling
act authorizes the submission of separ-
ate provisions, but none were submit
ted, and the proposed constitution pro-
yides for equal woman suffrage.
These recitals present the case so
far as the right to vote for or apainst