The record-union., 1895-02-12

~ NOlO lOe d1l IblOl0IL pob inv
granted under limitations, and so long as
the privilege is not specifically granted. 1t
cannot be claimed.
The argument had been used that the
Legislature may do that which is not ex-
pressly forbidden by the Constitution.
But III this case the court went on to state
the grounds on which its decision was
based. The distinction was clearly made
between the sexes and the intent of the
law was sought and defined. The de-
bates in the Constitutional Convention
OF that State showed that every effort had
been made to secure at least partial recog-
milton of woman's privilege to vote, and
the court declared tie law unconstitu-
tonal. Judge Sawyer said that he was
unable to decide otherwise than that the
Constitution liked the limitation of her
privileges.
In another New York case the decision
was that the law conficted with the Con-
stitution, and the Legislature had done
just what this Legislature is asked to do
here. The Constitution clearly stated
that male citizens of the age of u years
were entitled TO vote. The decision given
reads as if the Judges who gave it had sat
and listened to the arguments that have
been used here. The statements in these
cases were reiterated, that when the Con-
stitution of New Y ork states that male
citizens can vote, it limits the privilege
to them and does not allow it to women.
1t is not that we cannot trust women TO
vote. de was willing TO go to the utmost
length to allow her to, but he was under
solemn oath to uphold the Constitution
and he could not violate that oath. He
knew many good and able women whom
he thought were as capable of voting in
telllgently as himself, but we must abide
by the Constitution, and the only way he
saw to give them tho privilege they
q GI n Tir,, 4
amendment. he would vote for that
when it came up, but he must vote
against this bill.
Bledsoe said the Constitution divides
the State Government into three DEPART
ments, but the gentleman divided it into
two and believed himself called on to
pass on the constitutionality Of the bill.
de (Bledsoe) thought the Legislature did
not need to pass on the constitutiOnality
Of the lazy, but could leave the question
TO the Supreme Court after it had passed
the law.
McKelvey was afraid the members of
the Repu blican party were drifting away
from the real question at issue. 70 him
it was cold question Of politics and he
should stand up to tho plank in the plat
form adopted IN the State Convention.
The Democrats were trying to divide the
party on this question and make them
believe they must only vote for the con-
sttutiOual amendment. They should
vote Tor the bill and if it was unconstitu-
tional the Supreme Court could wipe it
of the books, He believed that when
the people adopted the Constitution they
considered women as entitled to vote.
Reid said he was sorry that he was
called upon to speak on this question. 1t
was wished to submit the question of
cOnstitutiOnality to the Judiciary Com
mittee, but the gentleman from Lassen
was not willing 10 do so. He thought the
gentleman from Humboldt had not read
the Constitution.
He read the oath taken by the mem
beTs to support the Constitution, and
said that he considered that oath far more
sacred and binding than any party plat
1Orm and the man who would violate
that oath and vote in violation Of the
Constitution was not lit to hold an Office
of trust. He read extracts from the de-
bates Of the Constitutional Convention,
published, he said, by the State and kept
in the State Library, and read the section
on suffrage as first proposed, which
would have given the Legislature the
right to pass a law removing the disa-
biIity to vote, and the subsequent debate.
which showed that BlacGmer of San
Diego moved to strike out the word
"male." and Tinnin of Trinity moved to
strike out all after the word ELECTORS" "
carrying the power to remove the dis
ability with it.
Now" said the speaker, "see how the
action taken accords with the statements
made by the advocates of this bill: The
amendment was adopted by vote OF 69
ayes to Il noes. Does that look as if the
convention did not know what it was do
ing-was willing to allow women to
vote?"
lie read further, showing that N. NJ.
Estee stated that he was not in favor OF
woman suffrage. and said if he had been
elected Governor he could not have signed
this bill without going back on his record.
Steele Of san Luis 0bispo offered an
amendment to the effect that the Legis-
Iature might, by two-tbirds vote, re-
move the disability, and the amendment
was rejected, as well as subsequent one,
providing that after the census of 1890 the
disability might be removed. Does
that" said be, look as if it was intended
by the convention that women should be
allowed to VOte?"
1t seemed to him that the gentleman
from Orange had very little faith in the
people of the state when he was not
willing to leave the question to them to
decide.
Under the contention OF the advocates
OF this bill, any foreigner, any woman
HYIDg IN the State, any man who has not
resided here more than a day, even in
ldllLss Sc-L 10 14AO " Gl ~ OlS Dy an ACL OF
the Legislature, as the Constitution does
not expressly prohibit it. The Supreme
Court Of California has rendered a de-
cision that women i'll this case cannot
vote, and Judge Wallace, to whom the
gentleman from Lasseu had referred as
IAN able jurist," rendered the decision.
The case was one in which a woman
brought suit against the County Clerk,
who refused to place her name on the
great register, she claiming that she had
right under the Constitution TO vote,
The language used was that 'the Consti-
tuition unQuesuonably excluded persons
of her SEX
Spencer asked if the decision said that
the Legislature could not pass law Civ
ing her the privilege OF voting.
Reid answered that it did not, nor did
it say that law should not be passed
giving children the right to vote, but he
did not think anyone would claim that
children could vote. The men who
framed The Constitution did not think we
were all fools. Lucy Barber was con-
viCted in New \ Gork OF illegal voting, and
under the Constitution, which used the
word male" the decision was made to
stick and sne had TO take her punish
meut.
lie quoted further from the decision of
our Supreme Court in the case OF B0ur-
land VS.. hildreth, and said that the de-
clsIon was clearly aud squarely that as
the men i'll question had not resided in
the state for thirty days, as the ConstiLu-
ton required, the Legislature had no
power 10 give them the right to vote. lie
wished the gentlemen would read the de-
cision. The court would gladly have
given the men, who were California VOL
uuteers, the privilege OF voting, but it
could ind no authority to do so.
spencer said he would like to read il.
and Reid raTol Ta WIG J., i
he wished the gentleman from Lassen
could speak two hours more on the ques-
ton. Laughter.
Ihe resLrlcLion on the right 10 rnta La