The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-05

/ 10 them only. Women cannot vote at
any such election, and the laws passed
by the territorial legislature authoriz-
ing woman suffrage are annulled.
] But the provision declaring that
there shall be no discrimination on
account of sex, but that "both male
and female citizens of the state shall
enjoy equally all civil, political and
religious rights and privileges was
not passed by the territorial legisla-
ture. It was made part of the state
constitution. And that it was intended
| to apply to the first state election as
well as to subsequent state elections
/ is clear from this provision:
Every citizen of the United States
of the age of tWenty-one years and up
wards, who shall have been citizen
! for ninety days, and shall have re-
I sided in the State or Territory one
year. in the county four months
/ the precinct sixty days next preceding
4 the election. Shall be entaIleu To Volr
! at such election, ETC."
! This section in many important par
+ ticulars is different from the provi-
sions of the Edmunds-Tucker act. Tt
is so in reference to male cluizens as
, well as TO female citizens. The franz
ers of the constitution did not suppose
/ they were to be governed by an act
of Congress specially applicable to ter
ritorial conditions when framing the
constitution of d state. If the Ed
munds-Tucker act affects the consti-
tutional provision as to woman suf-
frage, it affects it as to male suffrage
wherein it differs from that act
But the enabling act, in giving the
convention power to form constitu-
zion and to provide for the election of
state officers and a Representative in
Congress, repealed all acts or parts
of acts in conflict with the provisions
of that act, whether passed by the
Legislature of said Territory or by
Congress-" If anything in the Ed
munds-Tucller act conflicts with the
full authority of the convention to
frame the constitution and provide for
state elections, it is null and void, be-
ing expressly repealed by the later
law-the enabling act.
We are aware that the Deseret News
and the echoing organ with which it
is in such sweet accord, tell US that the
law in question is ian existing unre-
pealed law of Congress" But at THE
risk of still further setting them out
of tune, we reply that law is not ''un-
repealed" wherein it conflicts with the
full power of the constitution trainers
to provide for the qualifications of
voters in 'the proposed state''
The Herald has stated several times
that it does not claim that Congress
intended to confer the suffrage on
women in the new state Certainly not
Congress would not go beyond its
powers and provide for the quaIifca-
tons of either male or female citizens in
state of the Union. But it is clear
that Congress did intend that those
persons made qualified voters of the
state should vote on the adoption of
the proposed constitution. And the
number of such voters, whether
great or small, doubled or halved, is
something with which Congress has
nothing to do.
To apply the Edmunds-Tucker act
to a state election is an absurdity,
whether attempted by a judge or by
a journalist. 1t is an act in relation
to q, territory. It has no bearing on a
state. 1t regulates territorial elections.
The election for state officers is q, state
election. If the constitution is not
ratified the state election fails; the
laws governing the territory continue.
If it is adopted the state officers will
act. Deny 10 women citizens the right
to vote at the first state election, and
the state constitution is violated
Deny to them the right ITO vote on the
adoption of the constitution, and the
terms of the enabling act are not cons
piled with.
There is the gist of the argument
on the side of the women citizens. If
there is any trick about it we fail
to perceive it, and neither Of the organs
has pointed it out >or told us who
fashioned the trick or who is to profit
by it, except that it is covertly insinu-
ated that it was intended to win
votes" which is a half admission that
woman suffrage would inure to the
benefit Of the Democratic party at
the November election. That is a con-
sequence which we can readily under
stand would be equally irritating to
both the organs which are pealing to-
gether in such pleasant harmony.