Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1900-07-05
'NO|DE| IN ELECTION
0ttumwa Judge Holds Women Have
No Right 10 Vote ct Any An.
thorized Election.

Election on Library Tax Proposition
Therefore Declared Illegal, Be-.
cause Unconstitutional
Holds That Only Male Adult Citi-
zens Have Constitutional Right
Of Suffrage.
Ottumwa, July 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 library proposition as
adopted on the ground that the cleo
tion was illegal because women voted
unconstitutionally. The opinion holds
that women had no right to vote in the
library election 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 Eichelberger thinks. was an
election authorized by law" and
therefore recognized by the constitu-i
ton. AS women are not recognized by
the constitution as electors, they had
therefore no right to vote In this cleo
ton.
i. This places the situation in regard to
sOttumwa's library just where Il was
before the election was held. Ottumwa.
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.
Judge Eichelberger's opinion follows
in part:
Broadly stated, the question for 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 city
should establish a free public library.
The proposition was submitted at an
election held in Ottumwa June 10. II
women were legally entitled to vote az
that election the proposition was car
ried; II not. 1t was defeated.
Section 727 Of the code provides that
cities and towns shall have power to
provide for the foundation and mainte-
nance OF a free public library. open to
the use Of all inhabitants under proper
regulations. It Is further provided.
however. that no money can be appro-
priated for such purpose until the cleo
tors OF such city or town at a
general election OF such city or town
/ q,
have voted for the establishment of
such library. II the right claimed rest
ed alone on this section there could be
no doubt that women would not be en-
titled to vote at such election. Only
I5"electors" OF such city or town are to
vote. The term "elector" has a well
defined legal meaning. 1t Is one who by
1.-The organic law has the right Of select
ling one or more from others: to make
choice OF persons for public officers.
/ Bonvier Law Dictionary, title Elec-
ton, 6tt, Am. and Eng. Ency., page 26e.
by our constitution this right is con-
4 fined to males over q years Of age.
1t is claimed in. support of the right,
| however, that section 1871 should be
read in connection with section 727.
\ Section 1881 is part Of the chapter on
elections It provides, so far as is ma
terial to the point made in this case,
lin substance, that at all elections
where women may vote no registration
shall be required; separate ballots
shall be furnished for the question or
which they are entitled to vote: q
separate ballot box shall be provided
in which such ballots are to be deposit
ed and separate canvass thereof
made. The last clause Of the section Is
4 as follows: The right OF any either
to vote at any city. town or school elec.
4 ton. on the question Of Issuing any
bonds for municipal or school pur-
4 poses and for the purpose of borrowing
money or on the question of increasing
the tax levy. shall not be denied OF
abridged on account Of sex" I have M
question that the provisions Of section
1871. authorizing women to vote. were
Applicable to this election. This bring:
me to the more serious question, which
is, whether the section which thu.
4 permits women to vote at certain cleo.
4 tions for specified and limited purpose.
4 is constitutional.
The validity OF section 1881 is CUES.
toned in this proceeding as contraven-
llu6 Two OBSERVATION-DISCLOSURES pfoSl6lU3lSs.ii u TIA
lof section l, article 2. prescribing the
specifications Of electors. and section
4 of article 4 and section 30 OF article
a which provide that all laws must have
a uniform operation.
4 Section 1. article 2 OF the constitution
4 provides that every male citizen Of tn,
United States Of the age Of q years
shall be entitled to vote at all cleo.
!. tons which are now or hereafter ma,
be authorized by law" 1t is said II
Morrison vs. Springer. Is Iowa, 345. tina
the same provision, which formerly con
ferred the right Of suffrage on whit.
male citizens" negatived the right t.
confer the elective franchise upon fe.
males or persons Of color. The sam,
rule is laid down in McCafferty We
Guyer. SO Pa, ST. 1O9. where it is tic
by Strong, j.. that ut has always beer
understood that the legislature has M
power to confer the elective franchise
upon other classes than thuse TO whom
liz is given by the constitution, for tn,
description OF those entitled is regarded
as excluding all others. The languag,
Of the constitution is plain. There is n,
room for construction. No one ma,
vote at any election authorized by Ian
except male citizen OF the required
|age. This was an election authorized
by law. It is therefore clear. palpablt
and plain that any statute attempting