Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1900-07-05
ELECTION ILLEGAL.
Judge Eichelberger Holds Women
Had No Right to Vote.
THE STATUTE is UNCONSTITUTIONAL

Women Is Contrary TO Constitution
In Such Cases ms Ottumwa
Library Election.
Judge Eichelberger has rendered his
decision in the case recently brought
by some Ottumwa citizens thru Messrs.
Cornell and Leech by which they
sought to restrain the city council and
city officers from accepting the libra
ry proposition as adopted, on the
grounds that the election was illegal
because women voted unconstitution-
ally. The opinion holds thar women
had no right to vote in the library cleo
sion recently held in this city because
altho the statute gives them that right
the constitution does not recognize as
voters any except male, adult citizens.
This election, Judge Eichelbefger
thinks, was an election authorized by
law" and therefore recognized by the
constitution. As women are not recog-
nized by the constitution as electors,
they had therefore. no right to vote in
this election.
This places the situation in regard to
Ot1umwa's library just where it was
before the election was held. Ottum-
wa attorneys believe that another call
must be made for an election, and an
other election held at which men only
shall be allowed to vote.
The full text of Judge Eichelberger S
opinion follows:
Tho Opinion.
In district court OF Wapello county,
Iowa-In vacation:
J. P. Anderson, ct al, VS.. L. j. Phillips,
ct al. Opinion.
Broadly stated, the question Tor de-
termination raised by the pleading in
this action is, whether women are en-
titled to vote at an election held for
the purpose of determining whether a
city should establish a free public Ii
brary. The proposition was submitted
at an election held in Ottumwa June
10. II women were legally entitled to
vote at that election the proposition
was carried; If not, it was defeated.
Section 727 of the code provides that
cities and towns shall have power to
provide for the foundation and main
tainance of free public library open
to the use of all inhabitants under
proper regulations. 1t is further pro-
vided, however, that no money can be
appropriated for such purpose until the
electors of such city or town shall
at a general or special election, have
voted for the establishment of such
library. If the right claimed rested
alone on this section there could be
no doubt that women would not be
entitled to vote at such election. Only
electors of such city or town are
/, to vote. The term s'elector" has a
well defined legal meaning. 1t is one
who, by the organic law, has the right
of selecting one or more from others;
to make a choice of persons for public
officers.
Bowler law dictionary, title Elec-
ton. 9Th Am. and Eng. Ency., page
260. BY our constitution this right is
confined to males over 21 years of age.
Sec. 1. Art. 2.
1t is claimed, in support OF the right
however, that section 1871 should be
read in connection with section 727.
Section 1131 is a part of the chapter on
elections. 1t, provides, so far as is
material to the point made in this case
in substance, that, at all elections
where women may vote, no registra-
t
shall be furnished for the question on
which they are entitled to vote; 4 sep
arate ballot box shall be provided in
which such ballots are to be deposited
and separate canvass thereof made.
The last clause of the section is as fol
lows: "The right of any citizen to vote
at any city, town or school election,
on the question of issuing any bonds
for municipal or school purposes, and
for the purpose of borrowing money,
or on the question of increasing the
tax levy, shall not be denied or abridg-
ed on account of sex" The argument,
Urged with great force by the city at
torney, is that the submission of this
proposition was at .city election aud
that it necessarily involved ''an in
crease ofthe tax levy" hence it is gov
crned by the clause dissection 1851 above
quoted. Resisting this position, it was
contended on behalf of plaintiffs thai
this election was not "city election
but only a special election, and that
the proposition submitted was simply
to establish library, and not to in
crease the tax levy. This is plausible,
but unsound. The election was IN all
respects city election, for one specific
purpose, it is true, but nevertheless a
''city election" for that purpose. 1t
was confined to the voters of the city,
notice was given, judges of election
We're regularly appointed and the vot-
ing was by ballot. In all these re-
spects it differs materially from the
facts in the case of Seman VS.. Bough-
man, 50 Iowa, 216, cited in support OF
plaintiffs contention. In that case if
was held that the constitutional pro-
vision found in Sec. 6 of article 2, that
Aall elections by the people should be
by ballot" was not violated by casting
a vote alta school meeting at which a
tax to build school house was car
ried by a show of hands instead OF
ballotipg therefor, because such meet
ing and the proceedings then had did
not constitute an election within the
meaning of the proper use of the
term, but it was more in the nature of
deliberative assembly which might
debate and dispose of measures before
it as they were reached, in summary
manner, no judges of election being
requiredor provided for. That the prop,
osition to establish library would in