Show HE RULING IN THE atoo TOOELE L CASE 5 1 therb are nth veral several se verai points in the do elsion cislon of thin th lieme court of this terr torr territory I 1 t ory yi I 1 ll 11 the fooce I 1 elect election lon ion case which was rendered by judge emerson that are of importance to toi toj the people of utah tit jit hab has AR 4 been beer contended by sume I 1 I 1 lawyers that the adoption athe atho of the tho J compiled laws of utah during the last session ortho of the legislature tho the nature of new legisla legislation tio n and therefore invalidated any act adt passed during that to the day of adoption which wa was in conflict with any 0 of f provisions in the compiled claws T this thia h hias hiss lar decision settles bettles that point tha compilation wag waa the work of a committee it contains no new provi slon blon and the bet set of the assembly wisa man visa merely an approval of ibe ibo work works and aud new legislation it has bas avdo been argued arguea argue that certain statutes of utah were not passed d in due form and w were ere there fore void the alleged informality being the failure to pass puza by a yote vote of both houses a bill wiach wha wua had i be been a n amended W by one house and the amendments non con burred in by the other by a conference committee the action netlon 10 of the committee being bellig concurred in by the aba AsA assembly embly the court dec dee I 1 as that this method is usual with legislative bodies and that the passage of acts in this thes way Is regular and lawful the decision settles the point that the new election law not only designates plainly the duty of tho the clerk and selectmen of the county courts in canvassing the twe returns of elections but a aiso also I 1 3 of enjoins it upon them henceforth this duty must be attended to as required by law tap next the decision on la Is one about which er has hal been some of op opinion 1 i pao pau n many imagining that it vIrtu virtually alli da dia dla franchises komeh women v oters voters an examination of the tha text will show that this thra is not he the case the tle opinion of the court amouri amounts tb to a deel declaration action that the ea clause in the lawie lawee law quiring requiring a male citizen to take fike oath that he is a it taxpayer ia is void vold because a female citizen is not required to take a similar oath tho the principle of law cited in support of this position Is that all regula regulations olona tiona of the elective franchise must ba be uniform as aa well as reasonable arid impartial the effect of this thia reasoning i Is that male citizens as well aa as female citizens may V vote ote 1 I 4 b tax papers still the ruling is kot not very well japp supported arted As is admitted by the court the tha territories have hive power to prescribe the qualifications of voters subject only io 0 o the restrictions that voters must be citizens over twenty one years yearb of ageana age and that no citizen shall be denied the suffrage on account of race color or previous condition of servitude the election law does not step over these restrictions und and the logical inference is that it la Is therefore fore fone valid but be that as it may the ruling only affects the provision requiring male citizens to be tak tax taxpayers payers and though thi this s provision be void the validity of the rest of tho the law is Js declared knaff unaffected acted thereby it is therefore settled that part of a statute maybe may be valid and another part 1 invalid I valid the qualifications of voters are not really fixed or in the new election ejection law jaw a wl but are prescribed in other statutes which are not in conflict with the constitution the organic act or any law of atthe ahe united states and the question b bere here ero ere is pertinent if jf cefi congress gress has thap right to ftp provide yides that an pu alien apman shall be a cl simply by siy becoming the wife of a citizen which it A hns has nas done gone why may apt uhe the jae lae legislative gisla assembly assemble Us embly make a discrimination in regard to the fair amounts to no nore in principle amaie amale A maie niale alien under the laws of must go through ii a certain tain fixed form to become a citizen but a female alien may become a citizen without this form or even taking ting any oath or of this ii pot not any more moro uniform than the e provision jui xui in our election law in regard to the tah tax tai qualification 0 n formale for fon male maie citizens and none for f female e Is a law void which requires a poll tax ef of every maie male of a certain age and arid none at it all gasel GaSer of females nales it ia is certainly not uniform m in the sense that term is used by the court th the opinion settles chepo the point that the tho county courts silting as a canvassing board can only oaly exercise ministerial powers and that thai tha an tat lat attempt to assume judi judicial elvit powers such as passing pa asing upon the uhe validity of the election returns adjudging t the he sealing of envelopes enve or ballot boxes In insecure secue c is an act of usurpation ur jur abhorred and alid p prohibited by the la law w the of the ruling so so far as tooele county A 16 concerned is ii to r require the ring who 0 have usurp ed authority in that county to canvass the returns of the last election which they refused to do knowing ng that the voice of the people bad been pronounced against their continuance ti nuance in office they have held on to their positions with an utter lack of common decency being well will assured that the very great majority of the citizens choso whoso affairs they have assumed to direct were solid in a desire and a determination mi nation that they should not remain in office what further steps they may take in their malignant and indefensible fen sible course in opposition to the will of the great majority remains remaina to bo ike been seen but their career is rapidly y drawing to a close when the people of tooele thoele will be a relieved from the incubus which has weighed them floco downed BO long and with confidence restored the county warrants raised to something like their former value and honorable men to regulate their public affairs they may move onward and upward va rd to the position to which they are entitled as the inhabitants of a richand rich and pro promising alsing section of our common country judge Boreman foreman dissented from the ruling of the court we will publish his opinion with judge emersons in our next mue issue |