The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-08-30

specting the registration oath and pro-
hibiting woman suffrage.
The opinion of the district court con-
tains a series of statements deemed
erroneous, to-wit:
The statement that congress acted
merely as the agent of the territory in
passing the enabling act; that legisla-
tive powers are granted to the consti-
tutional conventions: that the election
of state officers is by the authority
Of the convention; that congress can
not qualify voters for the state cleo
ton, and that congress treated the
case, as to the state election. as if
the people of the territory were vested
with sovereignty.
Judge III. p. Henderson.
Judge Henderson, on behalf of
Mrs Anderson, said that the position
of the other side was that congress
alone had the authority to say what
class of people were to be voters.
a territory undoubtedly was a crea-
ture of congress, but the transition
from a territory 10 a state was a
peaceful and lawful revolution. Con-
gress, by the enabling act, grants the
power and when the constitution is
adopted it becomes operative to some
extent.
In this case the provision made in
the enabling act, that all male citi
zens over the age of ii, and who had
been residents for one year, applied,
in the first instance, to voters for del
egates to the constitutional convention,
but did not preclude the addition to
those voters of any other class.
Congress when it made the provision
was aware, as was all the country,
that a certain class of citizens had
been disfranchised in this territory,
and it was simply with a view of en-
franchising those people that the en-
aiding act contained the clause which
it does in reference to voters. 1t SIM
ply meant that this class of people
should have the right to vote, whether
the people of the territory wanted it
or not; but it did not preclude other
classes being permitted to vote also.
Whether the constitutional convention
intended that women should vote or
not was a matter of no bearing on this
case. The members of that conVen-
ton in this regard had no more to
say than any other individuals.
The petitioner is denied the right to
vote while her male friends are al
lowed to cast their ballot, for the rea-
son, as has been stated, that the latter
are specially authorized to vote on that
question. Counsel held that there was
nothing in the objection to women vot-
ing on the constitution on the ground
that women were voting on whether
they should be allowed suffrage or not.
In fact, the position was described as
like a man trying to lift himself by
his bootstraps. But counsel held that
it was no more anomalous than any
one voting for governor or any other
Office.
He admitted that this state or any
other had the right to enfranchise any
class of citizens it pleased-children
Indians or any others. Wisconsin. in
direct conflict with the United States
law, has enfranchised Indians.
The constitution plainly provided
that in the new state woman had the
right to vote, and counsel failed to see
where the consistency was if women
were not permitted to vote for the
state officers.
The judges, in refusing the right of
franchise to women in this matter,
would be violating the constitution
which they have sworn to uphold.
They would be depriving a class of cit
liens of a right which is theirs.
The Congress has the supreme pow
ers in all matters pertaining to the in
cipient steps for statehood, and has
the right to declare what part of the
people shall have the right to vote
upon the proposition as to whether the
constitution shall be adopted or not,
but that the question as to who are
voters for the officers provided in that
constitution is to be determined wholly
and absolutely by the proposed consti-
tuition itself. Congress still having the
right to reject or accept the constitu-
ton as it is presented. This brings us
to the first question:
| We contend that the petitioner being
! a qualified voter under the constitution,
she has the right to register and vote
upon this proposition. We insist that
it was the plain intention of Congress
to provide absolutely, without qualifica-
ton, that certain persons should vote
upon this question, and in addition to
them that it should be submitted to all
those people upon whom, under the
constitution as proposed the RESPONSE
bilitieS of government would rest. Any
other construction would be against the
express letter of the act and would be
absurd. Congress did not intend that
the responsibilities of government
should be thrown upon a people with
out their having a voice in saying
whether those responsibilities should be
accepted or not.
1t is contended that it was the judg-
ment of the members Of the cOnStitu-
tional convention that women should
not vote at the first election for state
officers. We have the right to judge
what was meant by what they have
done and by nothing else, by the indi-
vidual judgment of any member of that
convention.
We have their perfected work 1t is
written in the English language and
what it fairly means is to be gathered
from that instrument itself and by APP
plying the ordinary and common modes
of Interpretation. In answer to any
suggestion of this kind, We say it woul1
be absurd to suppose that it was meant
by the constitutional convention to add
a class of voters for and put upon them
the responsibilities Of government af-
ter they had been excluded from any
participation in the government to be
first formed.
Franklin S. Richards.
f. S. Richards closed on behalf Of
the respondent. He said there was lit
tie left for him to do but recapitulate
the arguments made by counsel which
had preceded him. He would speak
first, however, to the proposition that
women had the right to vote for state
officers. 1t was elementary to say that
Congress had no right to interfere in
the electorate of any state. Every soy
ereign state had the right to say who
its electors should be. IF for some rea-
son the president should withhold his
approval of the constitution the whole
business, elections and all would be-
come nugatory. The officers elected
could hold no offices because there