Jamestown weekly alert. [volume] (Jamestown, Stutsman County, D.T. [N.D.]) 1882-1925, 1919-05-29
Important Ruling Is Handed
Down by Attorney General
On Request Of Secretary
Hall.

s.-. ..It .--- : -
Bismarck, N. d., May 81
(Special) North Dakota wom-
en- cannot express their opinion
of Senate Bill 1874, the so-called
educational bill, at the referen-
dunn election to be held June 26.
This important opinion was
handed down at noon today by
Attorney General LANCER in re-
spouse to a request from Secre-
tary of State Hall. There had
been a division of opinion, and a
quite general belief that because
the constitution gives women a
right to vote on all educational
matters, including the election of
a state superintendent of public
instruction, that they would have
the same privilege in connection
with Senate Bill 1874, which vital
ly affects the whole public school
system as we'll as the higher in
stitutions of learning and the
office of state superintendent.
Mr.. LANCER holds that this opin-
ion is not supported by the con-
stitution nor by decisions of the
North Dakota supreme court in
matters of similar nature.
In part Mr.. LANCER says: ~
Pursuant to- your request for an
opinion as to whether women may
vote upo,a certain measures enaetsd
by the sixteenth legislative assembly:
In the event that such measures are
referred to the people pursuant to
the. amendment to Sec. rs of Article
2 Of the constitution of the state OF
North Dakota, I submit the follow
ing: Sec. 1913 of the constitution
provides: Amy women having the
qualifications enumecated in Sec. III
of this article as to age, residence
and citizenship, and including those
now qualified by law, may vote for
all school officers, and upon all ques-
tions pertaining solely to school mat
ters, and be eligible to any school
office
..In Wagar VS.. Prindville, 21 N. H..
247, the court said:
".'Sec. 1928 of the constitution did
not make electors of women giving
a limited franchise under this sec
ton, but simply placed them In a
seperate class of citizens and entitled
them to vote on the questions speci-
fed only
''Since the amendment to the con-
stitution with reference to the refer
sendum provides that any measure re-
ferred to the people shall take effect
when it is approved by majority
of the votes cast thereon, am of the
opinion that no persons except those
having the qualifications prescribed
by the constitution. for electors would
have the right to vote upon any
measures so referred to the people.
'.Since an election with reference
to laws referred to the people is an
election provided for. by the consti-
tuition, in my opinion only such per-
sons as have the qualifications pre-
scribed by the constitution for cleo
tors are entitled to vote at such elec-
ton.
st will be noticed that Sec. 12S
Of the constitution gives to women
having the other prescribed Qualifi-
cations the right to vote upon all
questions solely to school matters.
II any law referred to the people per-
tained solely to school matters, 1t is
probable that women possessing the
other qualifications prescribed by the
constitution for electors might have
the right to vote on such law; but
not otherwise.
'.sec. 121 Of the constitution linn
its the right Of suffrage to male PEI.
sons, except insofar as Sec. 128 Vf
the constitution gives to women .
limited elective franchise.
Sec. 254 of the 1917 session laws
provides in substance that the Wo-
i ~.
men possessing the other qualif1ca-
tios prescribed by the constitution
shall be allowed to vote for prest-
I dental electors, county surveyors,
county constables and officers Of cit
ies. villages and townships. except