The sun., 1901-06-02
THE CAUSE OF WOMAN:
THE lTTEMPT TO sECURE SUFFRAGE
nv COURT DECISION BEATEN AGAIN.
me Superior Court Of San Francsco Deniss
Mrs. sArgcnt's Application in . Tax Suit
Her Attorneys Answer to the Judges
Ouestions s-Prohibitionists and suffrAgists.


Her Attorneys Answer to tho judges
Questions s-Prohibitionists and ssnrAsists.
tn. oase Of Ellen Clark Sargent Of San
Francisco brought before Judge NJ. G. Sloss
in the Superior Court Of that city has Just
received second adverse decision. Mrs
Sargent brought suit TO recover her taxes
for lsOo, about $500, on the ground that the
right ol suffrage was denied TO her. that she
was unjustly taxed. and that the tar was.
therefore void The city by its attorney filed
A demurrer and this was argued March 20 by
Mr. George c. Sargent. son Of the plaintiff.
and one of the leading lawyers of San Fran
cisco He based his argument on the contra.
dctions in the state Constitution Of Califor-
MIA. Of which Article l. says:
An men are by nature FREQ and inde-
pendent and have certain inalienable rights.
among which are those Of enjoying and
d Tending life and liberty; acquiring. pos
sessing and protecting property. 90 All
political power Ia inherent In the people
Government Is instituted for the protection
security and 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 Mex
leo who shall have elected TO become .
citizen. NC
Mr. sargent took the ground that Q con-
sttutlon which declares that all political
power Is Inherent In the people has no right
70 exclude one-half the people from the exer-
else Of this inherent power. He quoted the
most eminent constitutional authorities In
England and the United States, Coke, Pitt.
Camden. Burke MIL. Lecky. Adams. Jeffer-
son. John Marshall. Senator Hoar. President
Harrison--to prove that taxation and rep
rrsentation are morally lnseparable:- that
tho people OF the United States would have
been slaves II they had not enjoyed the ton-
sttutJnal right Of giving and granting their
own money" that 1T IA inseparably essential
T. the rres ION OF a people that no taxes can
be imposed upon them but with their own
consent g'vea personally or by their rep
resnntltives" that constitutional govern
ment il closely connected with the rights
OF property" that "the power OF taxation
ls aud must he inherent in the people
IF Article l. defines tho lnallenable rights
an inherent powers Of the people. and
Article II arbitrarily abrogstes them" de-
clarr- Mr. Sargent. 1t IL monarchy In
tlTilg women without allo wing them voice
yol tlie away their property without their
consent one Of those articles iatly con-
trtlittS the other The Code OF Civil Pro-
90 d., slvS Where one Of two construo-
.tlu. il in favor Of natural right and the
other against IL, the former shall be accepted
Your Honor must draw your pen boldly
through one or the other of these articles.
Woman suffrage cannot fail to come The
only question il whether the court shall grant
r. ~ Of right it should or whether BY toll
aui struggle ii must be wrlng from the con-
science, OF the electors
~ the close of Mr. Sargent's mastery argu-
mont of which the above is the bareSt abstract
tse Court said Il understand your conten-
ton 20 be that Articles and II. are In con-
i'ict that the former necessarily gives women
a right to vote and the latter denies II; that.
there being this conflict there must be de-
termination IA to which shall control. and
you contend that the former controls the lat
ter consequently. that in this State women
have the right TO vote under the Constitution"
Mr. Sargent answered in the affirmative
anil the court continued. well. II they have
the right 10 vote. what illegality is there in
taxing them without their consent? This be-
Ing an action 10 recover taxes. % make my
point more clear we will take your own case.
You are undoubtedly entitled to vote In city
and county We will assume that you are
properly registered. you go % your polling
place on the day of election. offer your vote.
and you are refused the right to cast your
ballot without any sufficient reason Could
you in an action against the city and county
recover your taxes because your right 30 vote
had been denied,"
Il could not. Mr. Sargent replied. but
in my case there is no general statute which
Is universally enforced The court Of course.
takes judicial notice NJ matters Of common
knowledge, and one of these is that no woman
T. vote. and that all Of them. at all times. are
refused this right Therefore, the right itself
is denied. and it is a matter Of absolute, per-
manent and general denial
The Court If that Is the fact IA not the
remedy to enforce the right to vote rather
than To seek to recover tho taXesT
Mr. Sargent: 81 have ssometimes thought
So but aS this question will have 10 go to the
Supreme Court some time, ! have presented
II for the sake of the argument II your
Honor shall decide that il Is a case for man
damus against the Registrar. we are willing
to pursue that remedy
fho Judge SO decided, and application
wa then made lorA writ Of mandate against
The Registrar ~ Elections to compel him 10
place Mrs Sargent name uron m" roll oi
voters should this he denied, she asked
that tho tnNn- collected from her during the
Just hcen refused hy Judge Slos7 In the Su-
periOr court
The dctnil- or this case have been given
at some length hecpus" the proposition Il
Frequently made that women should refuse
10 paw their t1y"z until permitted tho right
OF representation In -owe cases this haS
been done and tn"ir property has been sold
over their head There could he no other
result in any state Then the question is
psted why thcv ip not ne Judge SioSs ad-
vi.o-. bring suit To- enforce their right TO vote
This attempt was fought 10 a finish hv susan
Minor In Missouri, N" latter carrying her
case - the Suprem" Court OF the | nited
states, both meeting with nlver-" decisions
~ every court
There are lust two wavs In which women
can hp aunhlod 70 exercise the r'ght, or tho
priyilor" fthe full franchise First, through
a. amendment Of the Federal constitution
hv congress- which would 'h"n haN" 20 "a
ratified hv the Lerislatures Of three iourths
NJ tho states. second through the -uhmis-
sion ~ an amendment 70 IN" state Consti-
tution 10 tho voters Of every state hv i's
legislature
TIn former would be much the simpler
and oa.iar nf tho TWO methods, "a "a ldyo-
cl'r. trcu would have To- deal only with l.egis-
l.tu-o- ir-cId ~ being ~ IN" mercy -
tho u.. --vs who now compose tho el"otOrHt"
I'm most " tho states the Legisatur" itself
il. power n grant limited suffrage. but
every state has put n clause in IT. Con1titu-
ZION Vhi,n makcl II impossible fully 20 en-
franchise women, except 10y amending II
Fynn rhi- IL imp0ssihi" in many NJ them, for