Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1901-06-22
SUFFRAGISTS AGAIN
LOSE IN TEST CASE
An Attempt to Secure the Ballot
Through the Courts De-
feated in California.
TAX SUIT OF MRS. SARGENT
First Seeks to Have Her Name Put on
Roll OF Voters. and Failing In That
co Recover Taxes-Adverse De-
clsion In Latter Case Also.

San Francisco, special: The case of
Ellen Clark Sargent, brought before
Judge M. c. Loss in the superior court,
cision. Mrs. Sargent brought suit to
recover her taxes for 1900, about $500.
on the ground that the right of suf-
frage was denied her, that h was un-
Justly taxed, and that the tax was,
therefore, void. The city by Its at
torney filed a demurrer n this was
argued March 20 by George =. Sargent.
q son Of the plaintiff, and one OF the
leading lawyers of San Francisco. He
based his argument or the contradic-
lions In the state constitution OF Cal
~ifornia, of which Article / says:
"All men are by nature free and In
dependent M have certain inalienable
rights. among which are those OF en-
Joying and defending life and liberty;
acquiring. possessing n protecting
property, etc. An political power is
inherent In the people. Government
is instituted for the protection, securi-
~ n benefit Of the people, and they
have the right to alter or reform the
same whenever the public good may
require it,"
But Article II in prescribing who
shall exercise the right OF suffrage
says:
Every white male citizen of the
United States, and every white male
citizen of Mexico who shall have elect
ed to become q citizen. ETC."
Take Broad Ground.
Mr.. Sargent took the ground that q
constitution which declares that 'all
political power is Inherent In the peo-
pie" has 20 right to exclude one-half
the people from the exercise OF Its in
herent power. He quoted the most en-
] innnf constitutions. nIIfhnrifino I'm
England and the United States, Coke,
Pitt, Camden. Burke, MIL. Lecky,
Adams, Jefferson, John Marshall, Sen
ator Hoar, President Harrison-to
prove that taxation and representa-
ton are morally inseparable:" that
the people Of the United States would
have been slaves II they had not en-
Joyed the constitutional right Of giving
and granting their own money" that
1T is inseparably essential to the free
dom OF a people that no taxes can be
imposed upon them but with their own
consent given personally or by their
representatives" hat constitutions
gorernlnent Is closely connected with
the rights OF property" that 1.-THE
power OF taxation Is and must b. in
herent In the people"
IF Article l defines the inalienable
rights and inherent powers Of the
people and Article III arbitrarily abro.
gates them,' declares Mr.. Sargent, "a,
Is monarchy. In taxing women without
allowing them q voice you take away
their property without consent. On,
OF these articles fatty contradicts tn,
other. The code Of civil procedur,
says: Where one Of the construction
is In favor Of natural right, and tn,
other against 1t, the former shall b,
accepted Your honor must draw you
pen boldly through one or the other o
these articles. Woman suffrage canno
fail to come. The only question 4
whether the court shall grant 1t, as o
right 1t should, or whether by toll anC
struggle 1t must be wrung from thu
conscience OF the electors
Count Asks a Question.
AT the close of Mr.. S%argent's master
ly argument, of which the above Is tn
barest abstract, the court said: II un
derstand your contention to be tina
Articles i and III are In conflict; hat tn
former necessarily gives women a RICH
to vote and the latter denies it; that
there being this conflict there must b
q determination as to which shall con
troll, and you contend that the forme
controls the latter; consequently, tina
in this state women have the right [
vote under the constitution"
Mr.. Sargent answered In the afirma
tive, and the court continued: We'll
, they have the right to vote, what 4
legality Is there in taxing them with
out their consent? This being an actio
to recover taxes, to make my poir
more clear, we will take your own cas-
) You are undoubtedly entitled to vote
) city and county. We will assume the
, you are properly registered, you go
your polling place on the day of elet
l ton, offer your vote, and you are r.
fused the right to cast you bale