The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-09-01
AN AMAZING DECISION.

spect it is amazing. From the re-
ports in extensive circulation that two
of the justices of that court had open
" expressed their opinion as adverse
to the ruling of Justice Smith, most
people interested in the case were pre-
pared for the result on general princi-
pies. They were not prepared for the
reasons on which the decision Is
based.
When Chief Justice Merritt files his
written opinion we will be better able
to offer a detailed criticism. But from
what he has already advanced, it APP
pears that he takes the ground that
the Edmunds-Tucker act governs in
the first state election. By that act
women in Utah who had held the
elective franchise were debarred Of
the right to vote at any election in the
territory. He argued that the law had
not been repealed and therefore wo-
men could not vote until statehood
was achieved.
OF course, if the election for state
officers were a territorial election,
there might be some reason for that
view. But it is to be an election for
state officers and for a Representa-
tive in Congress from a state Of the
Union, and therefore will be to all in
tents and purposes state election
ana not a territorial election. If the
constitutional convention had the
right to prescribe the qualifications of
voters in the proposed state at all, it
had the right to confer the elective
franchise upon women citizens. If not,
it had no power whatever to provide
for the exercise of the suffrage.
1t is the rule to leave the matter of
the qualifications of voters in a newly
forming state to the trainers of its
constitution. The instrument framed
under authority of the enabling act
does prescribe those qualifications, and
prohibits any denial of the suffrage or
the right to hold office on account Of
sex. It makes women politically equal
with men. If that does not apply to
the first state election, how can it APP
ply to any other state election? And
if it governs as to subsequent elections,
why not as to the first? If the con-
stitution should not be adopted. of
course the whole proceedings would
fall to the ground. But that would act
| just the same upon male votes as upon
female votes. 1t is a provisional cleo
ton. If the constitution is ratified. il
will stand as bona fide state election
| If not, it will be void. 1t is not a ter
ritorial election in any sense, and the
Edmunds-Tucker act therefore is
utterly and entirely imperative il
reference to it.
The voting on the ratification of the
constitution is another matter. Con,
gress, in terms, secured to "a certain
class of male citizens the right to vote
upon it. In addition, it made it man
datory that the qualified voters of the
proposed state should vote directly fol
or against the adoption of the proposed
constitution. The constitution is pro
posed organic law, the state is pro
posed state. 1t is not the qualifet
voters of the territory who are thu
designated, but those of the proposed
state, which is not an actual but (
proposed state until the proposed con
stitution has been adopted.
That there may be a rational differ
ence of opinion on the meaning of tn,
phrase on which the contention turns
we freely admit. But as to the appli
cation Of a law relating solely to ter
ritorial elections, so as to cover a stat,
election, it seems to US there can be NJ
sensible reason or excuse. 1t is simply
absurd in its folly and, as designated
by Justice King, is an outrage in it
application. It robs nearly one-hal
of the citizens of the proposed state o
Utah of the right conferred upon then
in the proposed constitution.
Judge Bartch, being interested, wa
not expected to decide in any other wa!
than he has ruled. Judge Merritt ha
surprised those who gave him credi
for legal acumen and freedom from
prejudice on the bench. But the com
mon rumors as to what the decision
would be, said to have been repetition
Of the personal expressions made b,
two judges, cause fair and just PEG
pie to wonder, and with many tina
wonder turns to disgust. Judges abov
all public officials should be careful
not to show prejudgment on any case
The ruling as it stands is now tn
law, though the court is really even
~ divided on the merits of the ques
ton. The ladies can wait. They hav
waited a long time for that restora
ton of their political privileges whic
has been promised them. But the
should not relax their efforts in be
half of sound government and goo
and able men to carry on that govern
ment. We advise them to show tina
patience and fidelity to the RICH
which they have heretofore exhibited
and if they are prevented fror
voting at the first state election
they will have the right to vote a
subsequent state elections, and W
are sure will not then or now forge
their true friends who have lahore
for their political liberty.