| Show THE BATTLE IS ON franchise matter being tested in court able attorneys on each side open arguments by varlan and sutherland right here in alio this morning there was begun suit that akis to become 0 national sm pittance pOT tance the question involving the ot women to bo registered aej to vote on the adoption 0 alic state conell tulion 0 utah and lor the first officers of such state conic before judge smith on lie application for a peremptory writ 0 mandate to compel deputy registrar to place the name of sarah B anderson on alie voting list of course it ie framed test case ami naturally alio question of woman suffrage comes in the court room is crowded with prominent attorneys nearly the entire bar of augden being present besides several prominent lawyers from other parte of the territory citizens in other professions aleo manifest great in alie case TUB the attorneys for the plaintiff JG sutherland II 11 P henderson ogden lilies P S richards Kic hards II 11 II 11 henderson and J W judd on motion of R II 11 whipple this morning J ri boreman and J K barley and himself bere to intervene as associate counsel for the plaintiff the attorney tor the defendant are V L wlliam C varian arthur brown and john SIf cane 0 S varian alio caad citing numerous nume aut hontie to show that the richt to bo registered could not be bestowed by the constitution itself but she must go beyond this to the act by which alio llio convention framing alie constitution ution derived its authority in passing he pointed out that even tha constitution did not pretend to give franchise to women natif after such constitution had been ratified lie read from alie constitution and from the proceedings of the constitutional convention lo 10 prove thiet no bubli right waa intended to bo given thence lie passed to the consideration of the enabling net after reading authorities to show eliat in interpreting statutes of a lan attendant circumstances similar law a on the same subject and alio end ought to be attained by each legislation should be considered he pointed out the time the enabling net was passed it was almost the universal uni vereal law that woman not allowed the privilege of voting furthermore he showed that there was n special statute forbidding her t do so in utah lie dwelt on the phrase may become the detato of utah in alie first part of alio enabling act to show that the privileges spoken of in the could not oo 00 cm joyed until it had become alio state ut utah ho pointed out that ho enabling net took up he matter ol 01 now the 0 alio oath and it congress had meant to extend the right to vote to women it would have done 0 o at tilie stage Hesli owed the distinction made between the word state and proposed state the delegates were authorized to take an oath in of the people of the proposed state to form a constitution and provide lor state government of alie proposed and alie president was authorized to declare alie proposed detato a state after all conditions had been complied with there was only one place where alie word proposed biad been omitted where it seemed to bo required every department of government had up to this time interpreted the statute FOLLOWS vaitha judge J G sutherland followed burian at the beginning of his address judge smith asked whether it was con deeded that providing the oman was found to be a voter there w aa n law to compel her to be registered by alie copi uty judge sutherland lid that if the question was raised s lie would consider it later amri sutherland said iio did not care to take issue with alie opposing counsel as to where the convention derived its authority or as to lie of eliat authority he proceeded at once to the consideration of the language of the enabling act congress ho argued biad made a difference in phraseology hence there waa an implied difference of intention lie argued that the clause providing that alie qualified voters ol 01 the proposed state ot utah may vote directly for or against the adoption of the proposed constitution could only mean eliat these voters were different class from elioso which congress gave alie power to chooro delegates to form ft constitution ution tor lie proposed etite the schedule in tho constitution pro eding for submitting the constitution to the people provided for submitting i it to the bamo people in the very same I 1 language as those in tho enabling act next lie took up the question of alie election of state and national contending that the qualified to voto on their election as the voters for or against the constitution he quoted from alio cei to chow that the provision for the election of enci officer indicated that be done by the people of alie proposed state ho suited that there was a declaring that the of alie citizens should not bo abridged or denied by reason ot sex at this time 1230 court adjourned till 2 on alie of court 2 p ra J S boreman continued the argument pointing out alleged inconsistencies in the argument of the opposing corneel that the elective franchise dc by hie edmunds tucker act rather than the one of alio proposed slate should be in vogue this fall he confined his arguments to ot tho enabling act and to the formed in accordance cor dance therewith ogdan niiles continued the argument at the cose fi 1 l judge address ho likewise dismissed alie idea that any othar basi ot should lo 10 considered except alie enabling net and the conati 0 the aed 1 the opposing practically asked for an interpolation ot words into lie constitution which would change entire meaning of the section and quoted an opinion from justice liveli eaid that it WAS the duty 0 the court to give effect to every separate provision provi eion of the fatute ta tute at abe conclusion ol 01 sir idilea argument arthur brown took up uie other tide and contended that in alie tation ot regard for existing customs and rights should be had rather edrict adherence to technical point |
