JUDGE bucys lucys I 1 13 joam alus ii an application by too alm andersen for i wilt of mandamus against alio are anci depute for iho county ot weber tu coin pel them to ahei pio li abe corn or election and icy ister he j najme among the lebal oddi n pr in said county ahe petition recited that he plaintiff n a ot abe united states ov r alm on years and has resided in abi lu rory for anore than six months last past and in the precinct lor irons than ono month the time ot heiselt herselt fui registration 43 a cepal voter in s nd product and that 10 lo defendants refund to administer the oarb to aci and lo 10 legister her camj among ol 01 said precinct upon tho was a at ahe limo the was presented 0 o me the defendant appeared b conn el and to it the counsel bui both parties that by iho pe and deni uner they desired to i iise and ii ivo decided abo sole question ol 01 the ild ity ot the act ot the itin fonal Lis latine ot 1870 con lim ilas the nybo ot sut based then to refuse to leister lei iter tho plaintiff upon the filand hit the cd wis iid i id I 1 should haehlen lucli bettar sat dished it have nian more tim tu tho consideration lon ot question ahi cre on Ihu isda evening on yesterday occupied bv othir matters in jouit and the present enn ot cloae todia hence I 1 mn t conti nt imah haalil itans lur the decision I 1 am to make ahe alt in was approved 12 and is as lulla choi ol 01 tle ot 21 eais who ins in ahn MX sn enral jl or bin 01 in the united state or ho it the wife bitne boru or matiu lazed in he unitta aal or ibe ite of a bom ot citizen ot laic ante tull bo entitled to otea tim eli tion in this bac 2 11 law 01 pirt ot lis aith thi ail die hereby re laj of heaters lievi oin to t ais p of this act is in friction 3 ot an ns to en a pason to bo to hoad ot lui hotl oi 13 i laroi apted in as amended in ind is a tollos an pel son bo entitled to any occo of thia oto an election unless he is a indle aitt zen ar lle untied elal uv pr kneit one cus of app and hn b en a cona fant ip silent of tha te rit r dm ins alib si montet bet pr beding G copi a efto ilant alln gainin ot this act unless he 1 d lei 5 of the oceanie af in force when belh ot the abbio act beio iced provided ahat eiery tree inhabitant above the aira ot 21 ers e rs wl 0 llull havoc been a levident ot said Jern tor atlee tune of abe massipe ottem act shall be entitled to the first cl clion and shill t c to aai offlie within tho baid lein oi but of 0 o acia ind ot h d nur jofh n at all sub sequent it neha liu 1 the bli that tha B td ot hoi im office hill be e aused nelv b citizens ot iho united including hoa leniz d ts eldens b ico concluded it is claim d that in p isag the act of 1870 condemns contemns the ann aliis tho lep i ibo bortei naion it bv ahn section of th b fei i vote upon a ald a not named in the faist pirl of the quoted section which names the qa lifard 0 o at tho arst election under said act section 6 of the organic act pro aided vided that the of ahe ri i atory should extend to all of consi tent ati con tit ution rufth united it hu been decided that the boru tho above 1 bicad IL will not bo denied d tn who ahall bo electors and upon ahat reimt and conditions the shill b is i act 0 t legis 1 in abe act mido this a duty ot ori in cordei to cam out and ite tina burpoe ani which it vid vidi i or i inid 1 be question is is the alt under elpie s ord or intent or the biant of I 1 tin the act of 1870 tha ii to citizens of the united states it is bof to the express toi th only limitation 13 in lie proviso ind that la to citizens of the united it i but the ot voters and of bold alfice it all elections llull be tho to tbt hiat pait ot and the ana As amb to ansin ibo eions of the clas mentioned enla inhabitants As bi tho to the constitution lie i bite anut be on this seems to me a strained and forced and with prophet prop net fx tint th to those who vere of the leni arv at he tune ct tho of abe ahe conness anred the an or abo electors foi ano art election and choso they la 13 inal 51 citizens f the united B ff t M WV estates 21 vara of alfi e and tasi j dents of the tei anton atter tatt cac linn ami until the asim by ab nb person in lie had a to vote and the li ala ture mil att hee an lio shoud oteana whit conditions ons that should b u i ci ed pi it wan cathe unite 1 I 1 ahe word in this connection mut la ivon its buil and natural niti diio nai aed by law anter in butr oni statues na wll 13 tho law writ era and in judicial decisions it is mod with lesprence lei prence to the elective tive fian auise cliss as well as to point pt oual requirements ot the individual voters for regulative assembly to confer tho elective upon females is not in my opinion the of a power ont to the express words or intent ot alu att but is entirely bithia giant of power conferred by that act it further contended thit the aca and intent of sections and of thu revised statutes of the united stites paced in 1874 and found abony the provisions applicably to all ind chith provisions take the place ot the organic act it this ob potion shall upon examination be fand to be act mut mu t div war bebau e tho ats of congius Con gies so tar as the concerned aie aie supreme and pat amount deferred lef erred to aro sro ascol lows section 1859 every male citizen apt nf 21 including persons cogill declied intention to lecorno citizens in orv hereafter heie after and wb are actuel atlas ir then of bilt b br entitled to vote at the hr t election in such lei antor ard to hod any office therein aljet jl jet to the limitations cind in ohp ceat section section 1860 at ab boeer in am bv Jone as wall a tint at all Hons in lini tane already tion tir and ot holding shall bp pre li the L of each to tho following lions on power of the legislative empl first taft likht and of holding office shill be 1 titi zeni of the stil above tho are of 21 pa rind b those above ilant io oath before a competent bonit cf record their intention to such ind alno taken an biti oiti to the con a ortho united states acrond luiere shall be no denial of ali fi in chic or of holdina hol dint office to a on of race col condition of an fn to oatis oivier abid the army and nivy and die not sin oie cite herp if I 1 under tand he of co unel for the it tint limitation in tho lilter ebion et ion to the elrre ion aub elect lect plass to the following lim fleu in the next section m the farmei section could nf erand tb it it did ind must arfer to male citi yens in cirit section in 1853 congress fixes ahe ot all teisin nes after to be for the first election only and with the limit i eions in tho following section all po cinc ei nc alese aio entitled and I 1 ecie e conkins Con Kics nm alio should compoe the fir t elac tors the v oid limit iton isery pi op erly aed in to taft of the next section tha annit i tion in tint action 13 upon those who alno their intention to become citizens and tha birst election is limited to ehno of that achs who in addition to the oath ic quirce b hw to bi aiken upon a de conation cl nation of intention should an additional oath to support the conati ind of ali united state and doe i not i who leave pimply their intention or taken 0 it cirit without taking tha additional oath of anop the at election are limited in U e third and fourth of S action bat it wem 11 me hit 1 complete inser to the of imy 18 found in the fact that that section ap to lein tonea which gouid be organized and cone doe not appl to this T edition contains a full ind complete restricted in of that only as i therein silted and by the of a ie beneral porfir I 1 find noth inin this section which aiom con frinc the elective upon freals who aie citizens of the united state do I 1 find anything in S which shows an intention on the p ait of Conf fie toton fin he nybo to vole in to male it n faither claimed that if the territorial rit orial the power ta confer the upon women the for thit tills to dobo for reason one ol 01 itiL tion is that the act of 1870 confers tho right to vote upon female upon than that applied to amli in thit latter are to bo tax rivers bilo tho farmei arc net even if thia should ba bound to be the fact I 1 cannot think this would invalidate the assembly proposed to conaw this upon a new cla snot bete tolore it and in the ot any inhibition to the in alo alwa of Con 1 flunk they aereal liberty to do it upon auth an condition ft i to them imatt and at itasta as no 0 boranic or anic of the naalma in tbt premises are not or I 1 think it abild hava beca for the territorial hay meted that oil ts nale of te united oer the yv of 21 MIS who could doai and writ m the ur lal ditc although tins education U not re of he roiley it n word cf th act of 15 lain j factions of bual OIIN are by tho act of lo 10 I 1 d i aut ann v that an martn alir wid rf word aie repelled by the ait of bajt I 1 do know word ar in the act of 1859 which are restrictive confining the to tota upon maew ali o so ini dined and controlled by lie act of 1870 that the right to tote u nu boager confined to malo citizens it 13 claired that the act 1 v id it tempts to confer tbt upon blote who aro not and are not 21 eara of irp and without to A mere reading of gnp act that it 19 confined to female who are 21 kjof ige and who have been dent in the Teni tory six months it is furt lioi claimed that the anje of atio words or who i alm wife widow or of a etive bom or naturalized citizen of the united states is an attempt to condei ohp privilege upon those who by the diw of lie united teo not entitled to it and that lie previous v olds burn or naturals lr zd z d in the united slite ill ho rould by an poi bilty that is includes all who anro citizens of the united state iho assembly not confair the feht to ote upon any not a bitin in ahn act of the 01 tb act of any arp e and not stai t out with tho pro that aliey attempted to do what they were prohibited bioni diep sp etkin naturalization the act of placing an m the position or him uth the of a natural born citizen in the or binai beof the word r to this act which results in citizenship aa sorn ethin dono by the court ard in conformity etith the law upon the subject of tho law born woman a citizen by the fact of her marriage not found amona the laws upon the sublet of us td the w oid born or in the united states it might bo claimed with some show of leaon that it excluded all choso nho were not native born or bad not appeared in bonit and been in ic co idine with the lawa upon the subject hence they used jhc thc words so as to all of this das tho wife ot cery citizen by virtus of the fact of maini gp without to her residence pi ovidea ahe to the izes of who could le lawfully lv naturalized tho widow ord men tinned in theace who aie granted the elective elec tiva fi aie those who midi in abo intent ind me inin of tha statutes are citizen of the united state ti aab wa the upon those who aie not citizens ilie demurrer to tho petition is over ruled and a writ i ordered P H judae