The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-05-20

J election as well as to all others, eX-
cept that the last clause intimates
that there is somewhere in the con-
stitution some exception or qualifica
ton of this absolute right to vote
not the right of women citizens to
vote, but of the right without regard
TO sex. Section seven of article XIII
ana section three of article XIV will
satisfy that intimation. They require,
IN addition, d property qualification
Tor those who vote at special bond
elections and elections to raise the
rate Of taxation.
Merely an Extension.
( In the schedule. however there is
an extension of the right to vote at
the first election. The qualifications of
! voters required by section two, arti-
Gle ", are; 1. Citizenship over ninety
days. .. Age. 8. Residence for a
year in the territory or state, four
months in the county and sixty days
in the precinct. BY the second sec
ton of the enabling act persons pos
sessing the qualifications emitting
/ them to vote for delegates under this
act shall be entitled to vote on the
ratification or rejection of the consti-
tuition By the same section those
persons are male citizens of the
| United States over the age of twenty
one years, who have resided in said
territory for one year next prior to
such election
cit will be noticed that these per-
sons are not required to have been
citizens for ninety days, nor to have
resided in the county four months nor
in the precinct sixty days. Therefore
their right to vote at the November
election had to be expressly granted
to them. 1t was granted to them by
section eleven of the schedule. They
were also, by the same proviso, per-
mitted to vote for state officers.
No Provision Which Negatives.
There is no provision in the sched-
ule or in any part of the constitution
men to vote at the November election.
Section two, article ", which compre-
hensiVely grants her the right TO vote
at any election, must, therefore, gov
ern, and especially for state officers.
They are elected under the constitu-
ton and no one can assign a reason
for allowing women to vote equally
with men as a permanent right and
excepting her right to vote at the first
election.
Voters CT the State of Utah.
''Her right to vote for or against
the constitution is equally clear. BY
the fourth section of the enabling
act the constitution is required
TO be submitted to the people at an
election to be held in November of the
present year, and it is there provided
that at that election the qualified vo-
tiers of said proposed state may vote.
The qualified voters of the proposed
state are those of the state
Of Utah. When it is asked
who they are it must be an
swered that they are the persons who
have the qualifications mentioned in
the election article of the constitution
OF that state.
1.-The schedule, which processes to
point out who may vote on the consti-
tution-section 1Esubmits it to the
qualified electors of the proposed state |
Women are included
Judge Dey's Opinion.
Judge Charles. c. Dey, one of the |
SignerS of the opinion which was read |
before the constitutional convention, /
takes an equally advanced view. He |
says: when l read the report of the |
debates in the convention did not pay |
particular attention to the section that /
had been adopted and thought that |
affirmative action had been taken |
which would finally settle the question. |
1t was certainly within the province |
of the convention to have said that
women might vote after the first cleo
ton, or that they might vote five
years after the adoption of the consti-
tuition. L believed some such action
had been taken.
However, l find that by section IA
of the schedule article it is provided |
that this constitution shall be sub
mitted for adoption or rejection to the
qualified electors of the proposed state
etc. This provision is in strict accord
ance with the provisions of the ena-
bling act Who are the qualified elect
ors of the proposed state? Clearly all
persons entitled to vote under the pro-
visions of the constitution, as defined
in the article on suffrage.
Not Exclusive, But Extensive.
''The enabling act also provides that
certain persons, having the qualif1ca-
tions as therein defined, shall have the
right to vote upon the adoption or re-
lection of the constitution. l do not
think this is exclusive These voters
are not necessarily all the qualified
electors of the proposed state, but they
are simply those whom Congress in
tended should not be excluded from
voting. They may not have all been
made qualified electors by the article
on suffrage, but they are included in
the right to vote by the proviso to sec
ton II of the schedule article. The
reason for and intent of the congress
sional proVi ion is apparent to all IA
miliar with the peculiar legislation at
fecting the territory. Neither by in
tendment or terms does the provision
restrict or limit the right to vote for
Or against the adoption of the consti- ]
tuition to the male person therein
specified, but simply gives them the
right TO so vote. irrespective of their be-
coming qualified electors Of the pro- {
posed state. 1t is my opinion that all ;
persons having the qualifications spec :
fed in the article on suffrage are also
authorized and entitled to vote this
all both on the constitution and for
state officers"
District Attorney Judd's Opinion.
District Attorney J. W. Judd gives ;
IN opinion on the subject that carries {
much weight because it is against his {
wishes on the subject and is the result !
# a conversion to the idea within a {
rery short period. He says:
You ask me for my opinion as to ]
whether women are legal voters at the i
lection to be held next Novem Der for {
he ratification or rejection of the |
constitution and for state officers to be {
lected Hereunder. {
$50 far as the question of woman's l
uffrage is concerned, have not j
hanged my opinion; l have always f
bought and still think it to be wrong. +
However, so far as the state of Utah {
5 concerned, that question: ifs passed,
nd like all loyal citizens, bow my
-