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

delegates to such convention shall be
such as by the laws OF said Territory
persons nre required TO- poaseEs TO be
eligible to the legislative assembly
thereof" Gong, Record. .. 2oi. SD Con-
grcss. ID SoHsD
This would have prohibited men who
were polyEamlsts from voting. as II
would have made only those able to
vote for representatives to the Terri
torial Legislature competent to vote for
delegates to the constitutional cOnven-
tion, 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 adminia-
tration OF the congressional laws. en-
acted against the practice Of plural
marriage.
The people OF Utah being authorized
by the Enabling Act OF Congress to
constitute government for Utah,
acted In their sovereign capacity, and
as the people of State. possessed the
power 10 prescribe the qualifications OF
the electors thereof. subject only to the
limitations contained In the 18th
amendment TO tho Constitution OF the
United states. She. therefore. pos
sessed the oower to prescribe tho
qualifications OF her electorate. And
therefore. " the State OF Utah did not
see III TO continue the disqualification
prescribed h.. the Edmunds law as to
voting and holding office. then those
disquallilcations dld not continue and
operate under statehood conditions, and
hence all disabilities resulting from
them formerly were thereby removed.
In evidence OF the right OF the State
to fix the qualifications OF Its elector-
ate. McCrar? says:
at IL unnecessary for the purpose OF
this work TO determine whether the
sovereigniiy Of this country resides
In the people OF the United States as
nation. or In the people MS divided into
groups OF States. II IN sufficient To note
that 80 far aa the right 10 fix the quail
ilcations OF voters X concerned. the
sovereignty IN In the people OF the re-
spcotive states. by virtue OF the proviq-
Ions OF the Federal Constitution, suh-l
Ject only to the limitations contained IN
the 10Th amendment, that the right OF
the citizens Of the United States to vote
shall not be abridged on account OF
race, color or previous condition OF
servltude.' (McCrary on Elections.
par. ~. ith Ed
That the State OF Utah did not con-
tinue the disabilities created by the
Edmunds laws Is evident by the quail
hcatlons her Constitution prcscribes for
electors. which are as follows;
sec. 2. Every citizen Of the United
States. OF the age OF twcnty-onc years
and upwards who shall have been a
citizen fot ninety days and shall have
resided IN the state or Territory one
year. In the county four months. and In
the precinct sixty days next preceding
any election. shall be entitled to vote
Mt such election. except as herein 9TH
erwlse provided"
"Sec. 8. No person shall be deemed
to be n qualified olector OF this State
unless ruch person be citizen OF the
United states,
"sec. 3. No idiot, insane person. or
person convicted OF treason. or crime
against the elective franchise, unless
restored to civil rights shall be per-
mlttcd 20 vote at any election or be
eligible 10 hold office In this State"
These are the only disqualllcRtions
prescribed,
Thus the disqualification for voting
and holding office, created by the Ed
munds law Of 1889, and applicable to the
citizens OF Utah 30 long as II was a
Territory, became imperative, % Be
cause removed By the Enabling Act;
(2) Because not transferred and con-
tinued into the State by the Constitu-
tion which her people adopted. Hence
the disquallfcations for voting and
holding Office. which operated In tho
Territory OF Utah, created by the Ed
munds law. were removed from those
under such disabilities a. by the two
presidential proclamations. 90 the En-
nbling Act, t3) by the adoption OF the
State Constitution: and either one of
these acts was sufficient to remove the