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Show WOMAN'S EXPONENT. dntv on An officer imposedj on him be granted to not ?v A mandamus will, Smmand any person to exercise a jurisdiction ?Mch that perspn is not most cleirly and appointed to and bound by law to exer-fo- r the court will not grant such writex-5- 3 it clearly see that there is a power lodged whom the mandamus in the person against "Tirtf uu" imnnsfl n. ."r h rh is not within the power This court cer-Sn- 18 lv the question of the writ, His Judge Judge Boreman concurs with as would In announcing this opinion on to issue the right of this Court Honor Hunter, though upon other grounds, his opinion on file. Judge Emerson doesnot agree with the majority of- the Court dissents- as to that in this right, and hence of the branch opinion. Judge Boreman dissents refrom the majority of the Court in its opinion his reasons in stated the ojjin- fusing the writ,for ion on file. . refusiJudges Hunter and Emerson concur in the stated in majoring the writ on the grounds opinion. ty The demurrer is sustained. anpear from OPINION. DISSENTING In the Supreme Court of Utah Territory, June Term, 1880, adjourned to 25th September, 79 The Legislature has expressed itself to the contrary. It first passed the statute allowing males to vote, requiring .them to be citizens, etc. It afterwards passed the statute granting the elective franchise to women, and subsequently it enacts the registration law, wherein it retains all the qualifications originally required as to male voters. It certainly, therefore, had no intention of repealing any part thereof. The two laws in regard to suffrage show great unfairness and lack of uniformity between the requirements of male voters and those of female voters, but as the Legislature so intended,what authority have we to say that the one repeals the other. This certainly does not exist by implication as they are statutes regarding different classes. The two laws are not inconsistent further than that one is unconstitutional, unjust and unfair to the body of voters mentioned in the first, and being so should not be upheld. If the Legislature had power to make one set of qualifications for one class of voters and auother set for another clasof voter.-'- then the two laws canstand,but if the Legislature has not such power, its attempt to do so is nugatory and void. For these reasons thus hastily stated I am unable to agree with my associates in denying the writ in this case. the needy that were in our midst and do all the good that lay in their power whenever an opportunity presented itself. Contrasted the condition of the Saints in these valleys with those who lived in Nauvoo; who in poverty and sickness, throulwlilitrenee and faithfulness built a temple to the Lord. And that, we who were so abundantly blessed and prospered could do a great amount of good if we would. Mrs. Emeline Rich said her hopes and desires were with the Church and always had been; felt interested in every thing that was calculated to forward the work of God, was pleased" to see the progress the sisters were making and the amount of good they were doing. Prest. James II. Hart encouraged the sisters very much in his remarks and c mimended them for the good work they had done, approved of the active part they had taken in gleaning and saving grain. Also for the hats they were beginning to make, hoped they would continue to improve in every thing that was calculated to build up the kingdom of God. Singing. Benediction. Sunday morning Aug 29th, 10 A.'M., meeting opened in the usual manner. The Y. L. M. I. A., occupied the forenoon. Sunday afternoon Aug. 29th, 2 P. M., meetSacraing opened with singing and prayer. ment administered, after these services were over, the Presidents of Primary Associations reported verbally, each showing that much good is resulting amongst the children, attending those meetings. Pres. Lindsayto iad, the she had listened with great pleasure U remarks made by the young ladies; also hear of so much good .resulting among the children and through the diligent labors of presidents counseled other officers of these organizations, mothers to do all that lay in their power to send their children to the meetings; showed the necgave essity of our becoming officers and to instructions valuable presidents of Relief Societies and Primary Associations ihrir respective duties. Eni'oined . , 1880. George R. Maxwell, R. S., Y. L. M. I. A. AND PRIMARY ") REPORTS. Plaintiff, vs. Robert T. Burton. Defendant. AN APPLICATION Paris, Bear Lake Co. Idaho Territory, Sept. 7th J.880. Minutes of the fourth Conference of the Relief Societies of the Bear Charles Lake Stake of Zion, held in the-SMeeting House Aug. 28th and 20th, 1880. Saturday morning Aug. 28th 10 A. M. Present Prest. Julia P. Lindsay with her Counselors M. E. Collings M. M. Rich. President James H. Hart,Eiders HugkEindly, W. M. Allred and sevreal other brethren. Meeting called to order by President J. P. Lindsay, choir sang "Come thou desire of all the Saints," opening Pres. J. P. Lindprayer by Elder AV. M. Allred, remarks suited say made some very interesting and expressed pleasure at see-. trtJ t Via nprflsion vv semi-annu- Y&R MANDAMUS. al t Boreman, Justice, delivered the following opinion: I have uniformly the opinion thatthe Supreme Court had no jurisdiction in such eases as this, except in aid of its appellate powers.-- I have considered that the Supreme Court Taad no distinctively original jurisdiction, except in cases of habeas corput. The issuing of the mandamus as prayed is an exercise of original jurisdiction. In the late case of Emeline Young and others vs. George Q. Cannon et at., this Court, after exhaustive As an original question, been of uie writ vi vcrt,tvrurit wujuii jh au orrp- -( writ of the same .class as that ofmandam us, and coming to us from the same source, Ahe King's Bench. I assumed that that decision was to settle the practice, and that in this class of eases, to which both certiorari and mandamus belong, the Supreme Court would take jurisdiction. 1 think it our duty now to stand by that decision and not again unsettle the practice, as I deem would be done if the writ were now deissue r nal nied. t. Upon the merits of the case I cannot agree with a majority of the Court. I deem this to be a proper case in which to issue the writ. The Legislature had no authority to allow anybody to vote who were not citizens or who had not declared their intentions to become such. It has never enacted that parties who had declared their intentions to become citizens might vote. Therefore the registering officer is not . authorized to allow anybody to vote who are not citizens. The statute granting suffrage to them to vote without being citizens if are "the wife, widow or the daughthey ter of a native-bor-n or naturalized citizen." Such a provision is utterly void, in my opinion,to and it is the duty of the registering officer obey the law of Congress and not that of the women allows Territory, when they conflict. The act conferring the elective franchise Qpou women is unjust, as granting the franchise to women upon easier terms than to males. Men are by the statrequired to be tax-paye- rs ute, but not so with women; the men are all required to be resident, but not so the Women, if they be the "wife, widow, or daughter;" and au men who ask to vote must becitizens,orthey he rejected, but not so with all women. This latter when we consider that the Imlk of the population of this iffritory is of foreign birth, or children born In this Territory of foreign parents. The statute the elective franchise to women despanting troys the uniformity and impartiality which exist in regard to the qualifications of jnould joters, and the act which will do this is unjust and ought not to be upheld. I do not think that Tn do t say that the requirement as to male yoters, which is not .found amongst the requirements of the female voters, will be nugatory, behave no right to conclude that this is so. of citizenship is important, VV X fcclf-sustainin- s won Id standing the busy seasoii; hoped they uur-in- g enjoy, the, spirit ot tiod in their meetings Conference. "TheroHwas "called for "the Stake officers, also officers of branch Relief Minutes Societies and Primary Associations. of previous Conference read and accepted. Statistical and Financial reports of Relief Societies and Primary Associations also read. th Clollintrs. advised the sisters build each other up and to stop work unitedly in building up God's kingdom, did not think it was advisable for those proSaints to continue fessing to be Latter-da- y unless called upon moving from place to place, the holy priesthby the servants of God holding ood.-- Then it was our duty to go whenever to wanted, and to do all that lay in our power build up and beautify the place designated. Counseled them, to' attend their v. meeting. ' "Obedienec is Obey thoe placed to preside to these bettor thnnacrifice." By attending the Althe blessings, of things we could claim in her reMariah mighty. Counselor sisters Rich, to be faithful, in marks exhorted the 3had niade trust in keeping the covenants they and the Lord when they arose to speak to lie the mouths their -- would put words into eyer partake ot edification of their hearers. against any the Sacrament with bad feelings make it right, to one- - if there is any wrong try either here or for all wrong must be righted Anthem ' The hereafter. The choir sang an James Lord is King." Benediction by Prest. g; :" -- fault-findin- "Say g, at 2 P.M., after the iisual exercises the the Presidents of eir verbal; reports of were very respective societies which at on the President Lindsay spoke children, hoped theaters donating of the poor, sustain to help build temples, gather l3ranche,U "oingA SSeralin its pages, also tmu would derive from otherchuniIT'jnitVlkfn Mwuld' iKmtronized more than they were. Mrs. Alice M. llieli tendered her resignation as Stake Secretary for Relief Societies, which was accepted and a vote of thanks given her for the able and efficient manner in which she attended to the duties of Mrs. Secretary while acting in that office. Elizabeth Pugmire, was appointed" Secretary for Relief Societies In Rear Lake Stake and Mrs Annie Laker Stake President, for Primary and Mrs. Associations, Mrs. Elizabeth Pugmire Elizabeth Hunt, her Counselor,; Miss Luana Hunt TreasBooth, Secretary; Miss Charlotta months urer Conference adjorned for six Choir sang Anthem "Awake put on thy strength O Zion " &c Benediction by James II. Hart. Statistical and Financial report of the Relief Societies of Bear Lake Stake from their first organization Aug. 28th, 1868. to Aug. 28th, 1880. Statistical: teachers, 12b; members 3J6, total officers and members,559; meetings held, church papers 801- - average attendance, 207; Women'h Exponent 38. Financial: Receipts in cih,$760,78; receipts one in property, $1720,79; wheat gleaned dis-members, bushels ,)47, lbs. 40; donated indusi, cai to the nmly $21,76; home 127,30; tries, 80,92; emigration ' w 09,50; temple, 85,20; 15 property 26!f;; di63 to the needy, 504,43; missionaries 10,40; home indust 590 total, $1137,92', on Property,582,87; wheat,bels School Suffrage, and Eleven States havethem on a broader scale alFof Lucy Stone says than Massachusetts. |