Ottumwa semi-weekly courier. [volume] (Ottumwa, Iowa) 1899-1903, 1900-07-05

rms brings me to the more serious
question, which is, whether the section
When thus permits women to vote at
Certain elections for specified and lin
lted purposes is constitutional.
The course to be pursued by courts In
determining the constitutionality of
ang statute is clearly defined and
marked out. On the other hand, it is
fundamental principle that an act
should be declared void only when it
violates the constitution clearly, pal
pably, openly, and in such manner as
to leave no doubt or hesitation in the
mind of the court; it's constitutional
validity will be pursued until the con-
trary clearly appears, so that in any
would have its force. On the other
hand it is enjoined on courts with
equal solemnity and force that they
should never seek or desire to escape
responsibility. The constitution should
be eNpounded as it is found, and never
bent or warped to meet any public ex-
igency, and courts are required to most
unhesitatingly declare invalid any law
which in their opinion is clearly obnox-
Gus to the provisions of the constitu-
ton.
The validity of section 1131 is ques-
toned in this proceeding as contraven.
ing two constitutional provisions: that
of Sec. l, Art. 2, prescribing the quail
ification of electors, and Sec. of Art.
l and sec. 30 of Art. 3, which provide
that all laws must have uniform OPP
GRAFTON.
Sec. 1, Art. 2 of the constitution pro-
vides that every male citizen of the
United States of the age of p years
Shall be entitled to vote at all
elections which are now or hereafter
may be authorized by law" 1t is said
in Morrison VS.. Springer, Is Iowa, 345,
that the same provision, which former
ly conferred the right of suffrage on
white male citizens,' negatived the
right to confer the elective franchise
upon females or persons of color. The
same rule is laid down in MeCafferty vs.
Guyer, SO Pa, ST. 100, where it is said
by Strong, j., that sit has always been
understood that the legislature has no
power to confer the elective franchise
upon other classes than those to whom
it is given by the constitution, for the
description of those entitled is regard
ed as excluding all others" The Ian
guage of the constitution is plain.
There is no room Tor construction.
No one may vote at any election author
lied by law except male citizen of the
required age. This was an election
authorized by law. 1t is therefore
clear, palpable and plain that any
statute attempting to add another class
to the electors designated is invalid
contrary to the unambiguous language
of the constitution. 1t is contended
however, that the term election as
used in this section of the. constitution
is to be confined to elections held for
the purpose of choosing officers and
does not apply to the submission OF
any question to vote other than the
choice of officers. Such a construc-
ton would cut away the ground on
which defendants claim in this case
that women may vote is based. 1t is
only at city, town or school elections
that the right to vote is granted them
If, therefore, the term election does
not include balloting on questions sub.
mitted, but is to be confined strictly
to contests for office, it follows. that
women would not be entitled to vote
disconnected from the choice of Off
GERS. As the election in question was
of this character, the argument, passed
to its logical conclusion, would exclude
the women vote in this case. / do not
think that the term is to be given such
a narrow construction. In its broadcast
sense the word election signifies a
choice. This means a choice between
individuals proposed for an Office, but
it also means a choice expressed by
the voter between adopting or reject
ing any measure proposed, and in the
latter case, as in the former, all the
election machinery is put in operation.
notice is published, JUDGES of election
are appointed to receive and deposit the
ballots, which are afterwards
duly canvassed and returns
made. The editors of the
American and English Encyclopedia OF
Law recognize such submissions OF
measures proposed to vote of the
people as elections, and treat of them
under that head. They say that whilst
election signifies choice, and whilst
they distinguish between such choice
of persons to Office by the electors and
their appointment, they also treat un.
der tbs head the determination OF
questions submitted by law to the pop,
ular vote, called elections in the stat
ute, such as the location of county
seats, the adoption of municipal char
tiers, questions of local option, and OF
|incurring municipal Indebtedness
9th. Am. & Eng. Ency. of Law, page
260. But it would seem that there
could be no question as to the meaning
of the term, since the legislature has
itself given it the broadcast meaning, to
include not only the choice of officers
but every other question that may be
submitted to vote by law. Chapter
3 of Title of the Code is the law APP
plicable to elections" Section 1855
found in this chapter, is as follows:
1.-THE provisions of this chapter shall
apply to all elections known to tbs
laws of the state, except school elec.
tons" The next section, 1899, defines
the term general election" as apply
ing to "the choice of national, state, ju.
dicial, district, county or township of.
ticers," and the term city election" as
applying to "any municipal election
held in a city or town." If the defini.
ton stopped here it might be contend