The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-08-11

rights in the constitution declares: ''All
/ ponucal power is inherent in the pe0ple,
ana all free governments arc 1oGndeu Oh
| their authority for their equal pfotectloh
and benefit, and they have the rlght 10
I alter or reform their soVernneiiiIz as e tnt
/ public welfare may require. me nIsl
] and second SECTIONS of article 4, OF the
! constitution, provide: THE rights OF cltl5
! zens of the state of Utah to vote ana
/ hold Office shall not he denied or abridged
on account OF se&. Both male ana temale
! citizens of this state shall enjoy equally
! ali civil, political and religious rights ana
/ privileges. Every citizen or the Cmteu
I States OF the age of tWenty-one years ara
| upward who shall have been citizen 1Or
/ ninety days and shall have resided IN Inc
! state or territory one year, III the county
! four months AMI IN the precinct sixty
/ days next preceding any election Shall
/ be entitled TO vote al such election, except
| as herein otherwise provided"
! Section II of the schedule provides; THE
J election for The adoption or reJecuon OF
! this constitution and Tor state officers
! herein provided for shall be held on the
I Tuesday next after the first Monday IN
! November, 1895, and shall be conducted
according 10 the laws Of the territory Oh
! Utah and the provisions OF the ehapnniSi
act. The votes cast at said elecuon siiall
! he canVasSed ard the returns made IN tne
same manner as was provided for IN the
election for delegates to the consttutloita3l
/ convention. Provided that all male cltl.
ZenS of the United States over the age OF
twenty-one years who have resldco IN
the territory Of Utah for one year pro-
] -
20 vote for or against the Adoption OF TINS
constitution and for the state oIhcerS
herein provided for"
Section II of the schedule PROVIDES:
This constitution shall be submitted Tor
| adoption or rejection TO vote or the
qualified electors of the proposed state at
the general election TO he held on Iuesday
next after the first Monday in Novenl-
Der, 1895. Under these various proVlslonS
the contention of the plaintiff IN DrleI Is
that it was the duty of the constitutional
/ in flrn,rlOirle- for the 6leCllOn
/ upon the adoption or re1ectlon Oh nc
! constitution AMI The selection OF state
/ officers TO designate who shall pc electora
! generally, and in addition That tney must
/ permit that class of persons named IN
/ the second section OF the enabllllS ACT 70
vote upon the adoption or reJectlon OF tue
constitution Her contention Is That the
constitutional convention nave performed
this duty have created the electorate 81
! the proposed state ana that she LalIs
within the class of persons upon Nhor.
the franchise has been conferred; ana the
contention in brief is that she ana an
others upon whom the proposed cohStltu-
ton conferS the franchise as Wen as
! those persons upon whom it Is conferred
I by the act of Congress are entitled lc
vote upon its adoption or re]ecron,
on the other hand the clalm OF lle
defendant is that Congress by the en-
abling act has created The electorate lnat
is to pass upon the adoption or TeJec!iol
Of the constitution, and tnat tic GolstIIlu--
tional convention have provided that tiitI
same electorate shall select the Irst stat
officers. ID ,,,,,o1,
There was much controversy ana much
confusion among counsel upon the arSu-
| ment as TO lust what the powers OIL lle
constitutional convention We're There was
also much discussion as 10 Whdc 20" 81
aud what body exercised the rlght o.
sovereignty. According 10 my NleW- Nleli
the people of the state Of tan come 10
adopt or reject The eoEstifuai2 on+ed they
are acting in the highest sense OF tIie
term as sovereign. congress III P PSi
the enabling act did NOT act ~ 10 l,oi,e
CAPACITY even TO the extent OIL ScHtIi ms
the territory but acted as the le2ISldtiE e :
| agent of the people of the terIleoIS u
Utah, or of the proposed S Stat - % neonI6
+o provide q means whereby !Hdt PeotlE
! in fbair sovereign capacity might create IStle
a state government. In otner WORDS III.
gress in this instance perI9Iisln IN Will
function that the state leglslatuIez WI NJ
oerforT1 in the fu.tue II IL IS ueeuIGu ttu-
1r1ica HE IN call another constitutional Goil-
vention to frame lleM asieiati[, agent
Of the people located within the territory
of Utah. --.-,+;o,, iteelf wa
a mere agency OF the people % ~! tLio 80
( ritcry of Utah, commissioned py the peT-
nle TO frame social conpdc!! " IL
should become the orgalllc laW ~ " adopfion
! nosed state and TO propose II Ior dGoP
( Or raiection Their duties. so lat a
framing the constitution IS I,il,,,
we're simply to prepare me I"s he neo-
/ and submit Il TO their masters, c, 1.e 20
ME The legislative agency, Sc an5,,' ~,
/ conferred upon the constitulloeIiaan +ionS nv
| tion also certain legislative LunCot ~.
trbicb +hev might adopt ORDINANCES u VI
,aoTIa+ionS which temporarily "cul : nc y /
! tl1e erect of law. me pI pm on
/ among these was the provision ofiicars
| election should be held Ior Std'G i,61rnenr
r1,is was left entirely TO the JuoS 1lle.i
and discretion of the constlLu ~ o 80 a
Vention: they have the right 10 Pr J,, If III
/ 80. sUch an election, and II they saw ",,- ~
1or SUI ; O. mai right they had the power
10 ,'feTred mon them to make it effective
and to give to their viii the Iorce u "a Nv :"
| so that legal election H 1riS5il Deomewhat
J their direction alone. rms sollIe" 10 tIae
oenomaIoIs procedure results from tue
! anomalous condition of a1alrs tla a,e;t 60
community finds itself IN tme u to
state from one form oil Cover IliilITlltt ~ ~
| another There will be legdI eleO 16oi
held for state officers in NoVeHlDea, 1SeY
! by some persons wlthln ttie - Iii he
! eIected for fixed terms, possess Ger td y!
qualifications entitled TO receive , Svi 60
! enoluments and must be electeu 10y 90 Of
/ fain electors, and all of TINS py VItuS ~, ~
no other legislation than that enacteu ny
| tbe constitutional convention ltsen. as S
! to whether this state government 81 ~
| elected shall ever go INTO operation ~. y.
! depend upon whether or not the s'@ &c
| itceIf is ever admitted into the union.
II was earnestly urged upon the arSu-
ment by counsel Tor the vino
/ been Confined to males only, ana the
/ constitutional convention 1lseI HoI ~
/ seSsing the powers OF SoNoA : =
to extend it to females was III eiiecI ~ ~
| nartIv destroy it. as to those VINO hd1
! before exercised it, and that tIls G3 tli'l
not be done. 1t seems TO me tlls en- q :
! tiou is based upon wrong cohGS ptioIi a.
! tn what the right to vote Is. Inc PRIV
! ieoe of participating in the elective Iran
/ ch}se is an important and interesting PR
! vilege but | am not aware that II lld5 ma,
| over been held or adjudged to ne Nesteu
i'm any Individual or class toi lh9lV!uud =.
/ II would be interesting II l nad lIliIe "
/ 90 over the decisions upon TINS queS
! from the time of Ashby against w hite,
md I ord RAYMOND. 93S down 10 tle
present time; but this l cannot 90. In
| nv view of the subject, and IN TINS
| know ] am supported by the Suprenle
! court of the United States ana MANY
other most learned courts OF ms coui u
/ frv and of England, the right TO vote Il
n,ireIy conventional, and it is given or
| withheld at the will of the Ieglslatlv,e
/ rower 1t may be enlarged or restricted,
I Granted or withheld with or without
fault and the person to whom II Is
| granted may exercise it without any
| Particular qualification for its exercise
| hevond that the law conferS upon MIN the
| right: and persons from whom 1t IS taken
I away if done by uniform legislation,
| have no right to complain whatever.
! Where the right to vote is liked by con-
| stifutional provision and conferred by
| such provision as is in many states the
! case then as a matter OF course It can
/ only be taken away by constitutions
| amendment If on the other hand II Is
! conferred by legislative enactment II
may he enlarged. restricted or withdrawn
| by the same power. lhere Is not 10 DC
| found in the constitution of the United
| States a single sentence. paragraph OF
word which gives to the national govern