Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-12-30

deleyates to such convention shall be
such as by the laws OF said Territory
persons are required TO possess 10 De
eligible TO the legislative assembly
thereof Gong, Record, p. 2Ol, 5Sd Con-
gress "a Sess)
This would have prohibited men who
were polygamists from voting, as II
would have made only those able 10
vote for representatives to the Terri
torial Legislature competent TO vote TOT
delegates to the constitutional conVen-
ton, to meet and frame Utah's Consti-
tuition. But the whole amendment was
rejected.
This action clearly shows that II was
the intent Of the national legislature
TO remove the political disabilities that
had been imposed upon one class OF the
population of Utah, under the adminls-
tration % the congressional laws, en-
acted against the practice OF plural
marriage.
The people Of Utah being authorized
by the Enabling Act OF Congress 10
constitute a government for Utah,
acted In their sovereign capacity, and
as the people of a State, possessed the
power 10 prescribe the qualifications OF
The electors thereof. subject only 10 the
limitations contained In the 10Th
amendment 10 the Constitution OF the
United States She, therefore, pos
sessed the power to prescribe the
qualifications Of her electorate. And
therefore, Il the state Of Utah did not
see ft 10 continue the dlsqualifications
prescribed by the Edmunds law as TO
voting and holding Office. then those
disuuallfications did not continue ana
operate under statehood conditions, and
hence all disabilities resulting from
them formerly, were thereby removed.
I'm evidence OF the right OF the State
TO fix the qualifications Of It's eleotor-
ate. McCrary SAYS.
1T is unnecessary for the purpose OF
| this work TO determine whether the
sovereignty Of this country resides
in the people Of the United States as a
nation. or in the people az divided into
groups OF states. II is sufficient TO note
that so far as the right to fix the quail
! lications OF voters is concerned, the
! sovereignty Is In the people OF the re-
spective States, by virtue OF the proVls-
ions OF the Federal Constitution, sub
iect only TO the limitations contained ~
! The 18Th amendment, that the right OF
the citizens Of the United States 10 vote
shall not be abridged on account Of
race. color or previous condition o.
seryitude" (McCrary on Elections
par. 81, 4th Ed
THAT the State OF Utah did not con-
tinue the disabilities created by the
Edmunds laws is evident by the quail
ficatlons her Constitution prescribes foi
electors. which are as follows
"Sec. g Every citizen OF the United
states. Of the are OF twenty-one year:
and upwards, who shall have been
citizen for ninety days. and shall nave
resided IN the state or territory ON
year. In the county four months ana "
The precinct sixty days next preceding
any election. shall be entitled to vote
al such election. except as herein 9th
erwise provided
"Sec. (. No person shall be deemed
"a he a qualified electOr OF this State
unless such person be citizen OF th'
United States.
nerson convicted Of treason. or crim'
against the elective franchise, unless
restored to civil rights, shall be per
mitted 10 vote az any election or b.
eligible 10 hold office In this State
These are the only disqualification
prescribed.
Thus the disqualification for votini
and holding Office. created by the I'd
munds law Of 1882, and applicable TO tn
citizens OF Utah so long as II was
Territory. became imperative % Be
cause removed by the Enabling Act
(9) Because not transferred and con
tinued into the State by the constitu
ton which her people adopted Henc
the disqualification for voting an
holding Office which operated In III
Territory OF Utah, created by the Ed
munds law. were removed from thos
under such disabilities n) by the Nv
presidential proclamaIions; 90 the En-
ablng Act: go by the adoption OF III
state Constitution; and either one o
these acts was sufficient to remove tn