The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-17
DECIDES THEY CAN VOTE
Rights of Non-Taxpaying Women
in School Elections.
IT Is OF VITAL INTEREST
The Opinion OF State Superintendent
Carleton on the Matter-The Right
to Vote Upon the Issuance of
Bonds Questioned.
Special Dispatch to the Standard.

Special Dispatch TO the Standard.
Helena, Dec. 16.-State Superinten-
dent Carleton has just rendered an
opinion in a matter that is of vital i'm
terest to the citizens of every school
district in the state. 1t relates to the
right of -taxpaying women to vote
at a school election where the question
of issuing bonds is up for consideration.
The question has been discussed widely
and there has always been a difference
of opinion. The state superintendent
decides that non-taxpaying women can
vote. This opinion was in response TO
a letter from Z. J. Boulder of Rock
vale, Carbon county. After looking
into the subject Mr.. Carleton replied
as follows:
lin your letter of recent date you say
that at q special school election held
in district No 20 Carbon county, for
the purpose of bonding the district TO
build q school house, that the trustees
permitted all women over the age OF II
yearc. and none of whom were tax
payers. to vote, with the result that
the bonds were voted. You further say
that some are of the opinion that the
election was illegal and are disposed to
contest It.
You ask us to decide whether wo-
men who are not taxpayers can vote Oh
such proposition, and If they cannot,
will bonds so voted be a lien on the
property of the district. This Is a
mooted question. 1t has been before us
a number of times, and is one of con-
siderable Importance. 1t seems differ
ent boards of school trustees ccnstrue
the law differently, some allowing nom
taxpaying women to vote at such cleo
tions, while other boards deny them
tins privilege.
THE question has never been decided
by any court in this state. so far as !
know. For these reasons we have care
fully and diligently re-examined the
whole case. The decision of this ques-
ton turns upon the construction Of
sections 10 and H. article TX. of our
constitution. Section 10 is as follows:
Women shall be eligible to hold the
office of county superintendent OF
schools or any school district office and
shall have the right to vote at any
school district election.
IF this was the only constitutional
provision touching the question. there
could be no doubt but that all women,
equally with men, had a right to vote
at any and all school elections. We
think the language shall have the right
to vote at any school election means
an election upon the question of bonds
as well as an election for school trus-
tees. The term 'electionais not confined
to voting for officers only but is a COM
prehensive term. including al questions
submitted to a vote of the people, such
as locating a county seat, voting tax,
bonds, etc.
Section - reads as follows: Upon
all questions submitted to the vote of
the taxpayers of the state, or any po-
litiCal division thereof, women who are
taxpayers and possessed of the qualif-
cations for the right of suffrage re-
quired of men by this constitution shall
IA. 10 lob To
vote Upon all questions submitted to
the vote of the taxpayers of the state,
this section reads. What questions are
submitted to vote of the taxpayers of
the state or political division thereof?
And is the question of voting bonds to
build school house such a question?
TO answer these inquiries we have
conducted an exhaustive examination,
with the result that we are unable to
find either in the constitution or the
codes, any question that can be legally
submitted to a vote of the taxpayers In
centradistinction to the qualified cleo
tors. There is no property qualification
whatever of the right of suffrage. and
this Is equally true when voting for
candidates for office or voting upon any
question submitted to vote OF the
people Sec ,, Art. TX. constitution.
"All questions are submitted to vote
of the qualified electors or to the
statute. and not to the taxpayers. Sec
tions 1916, 1860 and 1861, political code.
There being no question, then. that
is submitted to a vote of the taxpayers,
the query arises: What did the consti-
tuition makers intend by section Il? We
think ii was intended by section II TO
anticipate legislation which might pro-
vide for the submission of certain ques-
tions to a vote of the taxpayers, though
how such legislation could he constitu-
ticnal under section of said article
Tx, Ii is difficult to see, except. per-
haps, in certain municipal elections.
People VS.. City of Butte Mont, 2l5.
section IL need not, however, be con-
sidCrcd in deciding your question. 1t
has no application to 1t. The question
of school district voting tax for
school facilities or bonds to build
school house is not question. as we
have already seen, submitted to vote
of the taxpayers. but a question sub
mitted TO a vote of the electors Of the
district which includes women the
same as men. Sections 1860, 1861, su-
pra.
Electors may or may not be taXpay
ers. Sec ,, Art. IN. Const.; Sec. llSs.
political code.
Section l. Of the constitution being
thus disposed Of il follows that said
section 10 controls. and hence. that all
women. equally WITH men. have a right
tC vote al a school election held for the
purpose of voting upon the question of
school bonds. AMI have. equally with
men, a right to vote upon any question
at any and all school elections This
makes IL unnecessary TO consider your
second question.
"Tf YOUR election was otherwise regu-
lar and in accordance With law. ] am
of the opinian that the bonds issued are
valid. Heretofore we have doubted the
right of mountaineering women 10 vote
on such a question. but after re-eXam-
ming the question we have no doubt
shat they have such right
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