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

Especial TO The HERALD
OGDEN. Aug. 10-When Judge
Smith came into court this Afternoon
a few minutes after 1 o'clock ne found
the room crowded with people TO hear
his decision i'll the case of Mrs. Sarah
j.. anderson vs.. Charles Tyree, which
involved the right of women 30 vote
at the coming election for the ratifica-
ton OF the constitution and state Of
ficers. Most all The members Of the
bar in the city were present Judge
Hises and Judge Royle, Of salt Lake
CITY. were also in attendance.
The lobby was filled with prominent
citizens
After court had been formally opened
by the crier the judge began 10 read
his opinion without further formality.
At the close, court was adjourned. No
notice of appeal was given, but it is
understood the case viii go to the
supreme court al once.
Following is the full text of the
decision:
Mrs. Sarah Z. Anderson VS.. Charles u.
Tyree, deputy registrar.
This is a special proceeding in man
damus begun by the plaintiff who is a fe-
male citizen of the United States over the
age of twenty-one years and who has re-
sided III the territory for more than one
year last past,and iE%Sle county Of Weber
ana city OF Ogden for mora than four
mdntl5 last past. ana IT the Second cleo
ton precinct OF Ogden city for more than
sixty days last past. The defendant is
deputy registrar for the Second election
precinct of Ogden city. in alternative
tAgrit OF mandate was issued setting out
Smong other things the qualifications Of
the plaintiff as an elector, and also the
other allegations Of the affidavit upon
which 1t was issued, tO-Wit, thu [ Il cOnSti-
tuition had been formed for the proposed
state of Utah, and that the plaintiff was
a qualified elector of said proposed state
and that the plaintiff had applied TO the
attendant TO be registered and had re-
<@ested him 10 register her as qualified
efecJor OF SAID Second election precinct
That the defendant had refused her said
request on the ground that she was fe-
male
The defendant appeared and filed de
murrer 10 the alternative writ and for
ground of demurrer alleged that neither
the af1CaVlr not the writ contained facts
sufficient to entitle the plaintiff to the re-
lief demanded nor any relief
1t was stipulated in open court before
the argument of The case that the facts
stated in the affidavit and writ were
true, so that the only question presented
by the proceeding is the legal question
whether or not the plaintiff, a female
citizen possessing the other qualifications
prescribed by the constitution OF the pro-
posed state of Utah, IS entitled TO vote
at the coming election Tor the adoption
q rejection of tie constitution. and for
SKATE officers; because it was also con-
ceded that if she was such voter, she was
entitled to be registered. The question
teen presented IS j. single one, whether or
not the plaintiff is a qualified eiector and
entitled 10 vote COR the adoption or re-
lection of the l'ro 5osed constitution. and
for the frst state officers to be elected
upon the same day. The question is a
novel one, and while of great present i'm
portancS II IS lro0dDle mat II VIII not
again arise or form precedent in any
considerable number of future judiciary
matters. 1t is primarily Il question of
statutory construction, and il is free
practically from all considerations of pub
Ii convenience and policy. Il IS impos-
siole for any one to know what the effect
of the decision Of the question either one
way or the other might be from a par
tisan STANDPOINT and therefore the cues
tion is entirely free from any influence
that might result from Il desire TO favor
either one or the other of the political
parties in its determination 1 take it
also that neither The plaintiff nor any
other woman would desire 10 vote at the
coming election unless she had an abso-
Tte right to DO so. To permit so large
an element as the female population OF
Z Utah TO participate IN an election where
.. they were not entitled to participate
stSgould be to jeopardize the admission Of
the state, and it would equally ieor>--
die its admission 70 deny them that
right if lawfully they might exercise It
AS have stated it is therefore n natt2r
of great present importance to deter
mine whether the plaintiff is q voter or
not and whether she Is entitled 10 vote
at The coming election. The question
turns upon the construction of the second
fourth, and nineteenth sections OF the en-
abliug act. and ppOn the second section
OF the declaration of rights, the first and
second sections Of article four of The
constitution, the eleventh, twelfth and
fourteenth sections OF the schedule of the
constitution. The second section of the
enabling act provides, first for the cleo
ton of delegates to the constitutional
convention, and fixes the qualifications of
voters for such delegates. and the Ian
guage Is as follows: That all male
age O. twenty-one years who have re-
sided in the territory for one year next
prior to such election are hereby author
tied to vote Tor and choose delegates 10
form convention in said territory"
The last clause of the same section,
after appoTtioninS delegates and provid-
ing for their election and the return OF
the election. contains the following: Per
sons poSs csSinE the qualifications emitting
chem to vote for delegates under this act
shall be entitled TO vote on che ratltlca alton
ar rejection OF the constitution under
S.,ch rules and regulations as said conven-
don may prescribe not in conflict with
T:be fourth section of the enabling act
rrovfdes that: I'm case n constitution
and state government snail be formed in
compliance with the provisions of this act
fi,s, convention forming the same shall
t1TSVide by ordinance for submitting said
SSoHeiSfution TO The people of said state
for it's ratification or rejection at an
eIection to be held On Tuesday next
after the first Monday in November, 1855
al which election the qualified voters OF
said proposed state Shall vote directly for
or AGAINST the proposed constitution OF
for or against any of the provisions sep
arately submitted.
act pro vides that the constitutional con-
vention may by ordinance provide for the
eiacfion of officers for a full state gov
ernfnerlt Including members of the legis-
nature and representative in the Fifty
Fourth CONGRESS at the time for the cleo
zion for the ratification or rejection of the
constitution; hut said government shall
remain in allegiance until the state shall
he Admitted into the Union as proposed by
{Sls act" Under this enabling act 3. con
! ststetionaI convention has met, framed a
! fss-is titufion and proposed it 20 the cleo.
5sczH wherein it is to be determined