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Show A QUESTION. Is a Woman Eligible to the Uflict of County School Superintend ent? 1 Salt Lark City, July 11th, lfv-l. Edttvrs .Salt Luke J (raid: I notice th.it the caucus recently held in this city have nominated Mis; Marv E. Ccoko for County Superintendent Superin-tendent of School. Now, the question ques-tion arises: Is Miss Cooke or any other lady eligible, under the laws ot this Territory, to this oilice1.' The law creating the office of County Superintendent of Schools was ap proved Jan. mm, iowi, aim it in clearly manifested by that act that none- other than male citizens were to bo entitled to holl tho office thus created. This must have been the intention of tho Legislature at that time, since the act confering the electivo Irauehise upon women was 1 not yet passed. This latter act sim 1 ply entitles women, with certain qualification:?, qual-ification:?, to vote at any election in 1 this Territory. lle:c tho right to : hold oil ice cannot be implied from the right to voti. Uow then cm Miss Cooke 1 eligible to the office to which she has been nominated'.' ClTIEX. W"o emtio t better iiiiower tho question of whether women . arc eligible to hold .oflico in this Territory Terri-tory than by publishing the sections of law referring to the subject. Section Sec-tion 3 of "An Act prescribing certain qualification necessary to enable a person to be eligible lo hold oflico, vote, or serve as a juror," approved January -i, lboO, rcds: No person shall be elected or appointed ap-pointed to any Territorial, district, county or precinct office, unless he Bhall have been a constant resident theroin during at least one yeai next preceding such election or appointment; appoint-ment; neither shall any person be entitled to hold any office of trust or profit in tho Territory or vole at any election unless he is a free, white male citizen of the United States, over twenty-one years of age, and has been a constant resident in tho Territory Ter-ritory 'during tho six mouths next preceding such election or appointment. appoint-ment. Ou Feb. 5, 1SJS, the section was amended by striking out the words " free, white." Concerning this particular ollicc County Superintendent of Common Schools we think under the law.Miss Cooke who U a very estimable lady, and wc understand fully qualified to perform the duties of the office is( ineligible. Section 17 of the " Act providing for the establishment and support of common schools," approved ap-proved Jan, l'J, ISotj, provides: J At the general election held ou the first Monday of August, each county shall elect, "for the term uf two years, , a County Superintendent of Common Schools, who shall hold olluo until un-til Aw successor is elected and iquali-tied; iquali-tied; aud Ac rjha'.l qualify, by taking and subscribing an oath to faithfully perforin the duties of his office. Following is the "Act conferring upon women Ihe elective franchise:"' Sec. 1 Be it enacted by the Governor Gov-ernor and Lcgislativo Assembly of the Territory of Utnh : Thnt overy woman wom-an of the age of twenty-one years who has resided in this Territory six months next preceding any general or special election, born or naturalized natural-ized in the United States, or "y.'ho is the wife, widow or the daughter of a native-born or naturalized citizen of the United Stales, shall be entitled to vote at any election ill this Territory. Sec. 2. .ill laws or parts of laws conflicting with this Act aro hereby repealed , It will be seen that the above confers con-fers only the elective franchise upon women; that J it) does not provide for their holding office: indeed in-deed we understand it was not the intention of tie Legislature which passed the law, to confer upon women the riht lo hyld office, or in fact any oilier right saye that of voting; vot-ing; aud as the right to vote does not necessarily carry with it the light lo hold office, and as the statutes above quoted, have explicitly stated that males only are eligible to olTiccs in this Territory, we are under the impression that if Miss Cooke wcra elected the courts would be compelled to decide that she could not exercise the Kindlons of the office. Wc think it would be well for those interested in the matter to consider Ihe subject before the election comes off, ami in the meantime mean-time we suggest that the Territorial Attorney General he asked for an opinion on the question. |