The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-04-03

enabling act. Congress clearly under
takes to provide for the qualifications
of voters. both for the election of dele
gates and on the ratification of the
constitution and makes them both
alike.
1t has been contended by an able
lawyer that, These provisions do not
profess to provide comprehensively to
whom shall be referred the question of
the ratification or rejectment of that
instrument" But If that can be said
about the last of the two provisions,
it can also be said about the first. One
is as comprehensive as the other. If
by the first is meant male citizens"
only, the second means the same be-
cause the provisions are identical.
That would shut out female citizens for
the latter purpose equally with the
former.
When the returns Of the ratification
election are in and are sent to the
President, it becomes his duty to issue
his proclamation announcing the result
of said election" That is ''if the con-
stitution and government Of said pro-
posed state are republican in form and
if all the provisions of this Act have
been complied with in the formation
thereof But will those provisions
have been complied with, if persons
not qualified under the enabling act
have been permitted to vote?
Section five provides that the Repre-
sentative in Congress and such state
officers as the constitution may provide
for, may be elected on the same day
of the election for the adoption of the
constitution; and
Until said state officers are elected
and qualified under the provisions of
the constitution and the state is admit
ted into the Union, the Territorial Of
ficers shall continue to discharge the
duties Of the respective officers in said
Territory"
This is substantially repeated in sec
ton nineteen, with the addition that
when the state is admitted into the
Union:
'sThe state government formed in
pursuance of said constitutional con-
vention, shall proceed TO exercise all
the functions of state officers. and all
laws in force made by said Territory
a the time of its admission into the
Union shall be in force in
said state except as modified
or changed by this act or by the Con-
stitution of the state"
Section twenty repeats all laws Of
Congress and of the territory which
are in conflict with the provisions of
the enabling act.
From all this we conclude that the
convention may provide for the quail
fcation of voters in the state without
restriction. It may make women
voters, or prescribe a property qualifi-
cation, as. it may choose. And those
electors, male and female, if the con-
stitution so provides, may vote for
state officers on the same day that
the ratification election is to take
place if the convention so provides by
ordinance But for the adoption of
the constitution only qualified voters
under the enabling act-male citizens
of the United States may cast their
ballots. The constitution prescribes
the qualification of voters for the state
who may vote for state officers, the en-
abling act prescribes the qualifications
of voters for the ratification of the
constitution. The vote at the latter
viii decide whether the former Shall
have any effect. The qualifications of
voters for the new state should GER
tainly be in the body of the constitu-
ton.