Show judge smiths decision judge smith has assigned some very potent reasons for allowing the women to vote this fall the strongest ground oe his decision lies ia his portrayal of the sovereignty of the people of utah so constitutional convention als abiva territorial laws enacted by Con greBa accordine to my view he bayr when abo of the of utah come to adopt or reject tho constitution abich ie to bo thair orga ic law if adopted they are acting in the sense of tho term as sovereign congress io passing the enabling act did not act in its fa joral capacity even to tha extent of governing the territory bat acted BB tha lag abent of the people of the territory of utah or the proposed of utah to provide a jeaa whereby that people in their sovereign capacity might create a state government laitner la otner words congress in thia instance performed the same function that will perform in ia deemed advisable to cal another constitutional convention io a new they hare acted simply pa the legislative bunla of abe keople located within the territory of that wipes out abe su of united states laws rei the vote of the citizens to class ID other words the decision that second ejection of the enabling act which says male citi 2303 over the age of twenty one and who ha resided in the territory a certain length of time may vote for constitutional delegates and the last blanse of the same section which ailys possessing tha qualifications ficat ions entitling them to vote for delegates under this act shall be en titled to vote on the ratification or re ejection of the constitution it alpo vitiates the section of tha edmunds tucker law the women and which law ia in force until statehood is secured then the boiled down to abe rights of women to vote under the state constitution the first and second sections of article 4 of the state constitution declares the ahta of citizens of the state of utah to vote and hold office ahall not be denied or abridged on account of aex bath mile and female citizens of this state shall enjoy equally all civil political religious and every citizen of the united states of the epe of 21 years sad upward who shall have been a citizen for ninety days and shall have resided in abe state or territory one year in the county conr months and in the precinct sixty days next pro beeding any election shall be entitled to vote at such election except as herein provided the proviso is almost an exact copy of the enabling act clause relating to the male citizens being allowed to vote and it reads provided that all mala citizens of tha united states over the ace of 21 years who have resided in the territory or one year prior to election are hereby authorized ti vote for or against the adoption of this constitution and tor the state officers herein provided to if the enabling set in that section is of no force then of course that clause of the constitution is also women may for the constitution the question of who may vote for the of ficera of the proposed state is more clearly benned denned the constitution in one section provides generally for an election for the adoption or rejection of the constitution and for state officers fixes the lime that it shall be held the manner in which it mchall be held and that returns shall ba made but fails to state what portions ahall vote at such an election it lett without anything farther saya judge smith is would follow naturally that all persona qualified under the constitution to vole would constitute the class of persona entitled to vote at that election and none other bat the proviso is added for the purpose of adding another class to the electorate provided for by the constitution and to hold proviso excludes all other classes as above stated would ba to bold n effect that it repeals the denoral clause which is construction that is inadmissible Thera much said in the argument as to the of the term qualified voters of the proposed stated which occurs both in the enabling act and ia tho constitution tho one eide held that it refers to that clasa of persons who are qualified according to the of tho electorate franchise contained in r r t r the constitution itself and the side on behalf of the defendant held that it refers to those persons living within iho territorial limits of utah who by the existing laws of the ter and of congress are qualified botera andge smith says it seems to me that the term clet arly refers to those persons who are by the constitution of the proposed state besig as electors then he fallows with this logical it would quite natural mat where a social compact in the nature af a constitution ia to be to persons for their adoption or rejection that it should ba submitted to all choie who will be cauff upon to assume tha ana of electors ander it ay is well raid in the caa 0 blair va mo the people ot the state in a political sense are that potion of the population noon whom political duties and ties are devolved in the state of utah as it is to be orean zed under the pro cosad constitution the political re and duties are to be devolved apoi both and women if the requisite qualifications of citizenship and residence it would seem naturally that that clips whom euch roeton and duties are to be devolved he the claas to who aber or not they will accept I 1 think this was the design of congress in providing for the holding of the state election at the name timo as the election for tha adoption or reaction of the constitution it was for the purpose of that election considered abat iba constitution phoned be treated as in lore and it must ba so treated treat pd tho ia now the law of the proposed state and will no debt stand the test of and the appeal will be made it fails to remove the doubt in our mind as to the legality of women voting abia fall and perchance many others may have similar doubts but there be no laxity in registration on that account republicans must enjoy equal opportunities with democrats on tha great contest that 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