The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-25
Nothing to Prevent the Legislature
Giving Them.
NOT DENIED BY THE CONSTITUTION.
An Entirely New View Of Question
That Has Vexed Very Many
Great Minds.

hearings to-day. They met with the Senate
Committee on Elections late in the after
noon and addressed joint meeting of the
Judiciary Committee tonight. The Senate
Committee on Elections listened to an ad-
dress by Mrs. Clara Foltz upon the con-
stitutionality of bills introduced granting
suffrage to women. There were five bills
which came up for consideration. A full
attendance OF the committee was had, and
quite large number of ladies interested in
equal suffrage were present. Upon invita-
ton of Chairman Aram of the committee,
Mrs. Foltz was there to speak.
at is not upon the expediency or the
policy of granting suffrage to women that
I wish to speak" began Mrs. Foltz. "That
has nothing to do with the case After
long years of labor in behalf of suffrage for
women it is not now necessary to speak
upon or argue its expediency. You all
know that women have for forty years
claimed the right to exercise private judg-
ment at the ballot-box. They have met
and vanquished every objection. The
party which is now in the ascendency in
this commonwealth has assured the pas
sage of measure granting the ballot to
HOu1Su. 1udJ Is StlI1Cus liz JULIUS VI
her address were:
The Legislature of California now has power
to grant suffrage to women, and no amendment
to the constitution is necessary to enable it to
do so.
If the Legislature can grant suffrage to
women at all or for any purpose it can grant
it to her for all purposes. Any argument,
therefore, that would apply to what may be
termed ''school suffrage" would apply to all
suffrage, and vice versa. We have therefore,
preferred to discuss the real proposition that
lies at the foundation of the matter, and which
is stated above.
'It is for those who question the validity of
an act to show that it is forbidden" JCooley,
Constitutional Linn, p. 88l But waving the
question as to upon whom the burden of proof
lies we believe we can show that the Legisla-
ture may extend suffrage to women, and that
no amendment to the constitution is necessary.
Our arguments are three in number, and be-
ieving that no fallaey turks within them we
voluntarily subject them to the crucial test of
the syllogistic form and present the outlines
thus:
l. a. The Legislature has unlimited power
to legislate, except where restrained by the
constitution. ~ The Legislature is not re-
strained by the constitution from granting
suffrage to women. ~ Therefore, it has power
TO grant suffrage 10 WoIIieH.
H. ID "The express mention of one thing
implies the exclusion of those not mentioned"
~ Chinese, idiots, insane persons, ETC., are
mentioned as classes barred from suffrage, and
women are not mentioned. (3) Therefore
women are q class not barred and the Legis-
lature may confer suffrage upon them.
III. ~ All the parts Of an instrument must
be construed together, and such constitution
adopted as will give meaning to every part.
~ Section "a of article of the constitution
would be utterly meaningless under any other
construction than that the Legislature may ex-
tend suffrage to other classes than those men
toned in the constitution. 81 Therefore the
construction that the Legislature may extend
suffrage must be adopted as the true one.
These propositions are founded on reason,
and are supported by the highest authority, as
we will now show.
1. The principle is elementary that the LegiS-
lature has unlimited power to legislste (which
certainly includes the power to grant suffrage
to women), except where it is restrained by the
the constitution, either expressly or by the
necessary Implication. People vs. Draper, Is
N. Y, SAB; Thorpe VS.. Put. Il Dur r. r. Co., 27
VT, 142; Cooley Con. Linn, marginal PIP. $3.50,
and cases cited.)
II. The Legislature is not restrained by the
constitution from granting suffrage to women,
for if restrained at ALL it is either (d) expressly,
or (b) by necessary implication of article II, Sec
ton of the constitution. That section reads
as follows:
SECTION i. Every native male citizen of the
United States, every male person who shall have
acquired the right OF citizenship under OF by
virtue of the treaty of Queretaro. ana every male
naturalized citizen thereof. who shall have be-
come such ninety days prior to any election. of
the age of 81 years. whU shall have bstn a resi-
dent of the state one year next preceding the
election. and of the county in which he claims his
vote ninety days. and In the election precinct
thirty days shall be entitled to vote at all cleo
lions which are now or may hereafter be author
lied by law.
Provided no native OF China. no idiot in
sane person or person convicted OF any infam Gus
crime, and no person hereafter convicted OF en-
bezzement or Misrepresentation OF public money.
snail exercise the privileges OF elector in
this State
1t will be observed by reference to this sec
ton, first, that suffrage is granted to one class,
males, absolutely; second, that suffrage is pro-
hibited to certain other classes, Chinese idiots,
etc., absolutely; third, that there remains a
large class, women, about whom no mention
whatever is made, concerning whom the con-
stitution is absolutely silent
1t is over them we claim the Legislature has
absolute control in regard to suffrage; for there
being no mention of them there can be no re-
straint onFs. = Legislature concerning them. AS
we said, if IL is Sestraned at ali. 1t is either ~
expressly, or ~ by necessary implication.
/. II cannot be claimed that the Legislature
is expressly restrained or prohibited by the
constitution from granting suffrage to women,
for women are not once mentioned in regard
to it, much less prohibited (See sec. L, art. II,
const, above quoted)
2. If the Legislature Is restrained from grant
ing suffrage to women by any necessary impli-
cation in the constitution it must be either be-
cause (d) women fall within tie prohibited
classes, or because (b) granting suffrage tc men
excludes women per Sc.
Now, women do not fall within the prohibited
classes, for they are not Chinese idiots, or in
sane, etc., etc., and we are driven to the last
point, viz: Does granting suffrage to men
per Sc prohibit grantingf the same right to
women Broadly stated, the question is this:
When a privilege is granted to one class by the
constitution can the same privilege be extended
to other classes by the Legislature We say it
can. The grant of a privilege to one class by
the constitution does not restrain the Legisla-
ture from granting the same privilege to other
classes. This has been repeatedly held by the
courts.
In Iowa, article l, section %, of the constitu-
ton is as follows:
Foreigners who are or may hereafter become
residents OF this State shall enjoy the rights
in respect 60 the possession, enjoyment and de-