| Show women cannot vote next november TSIE SCHOOL TAX IS SAFE judge smith atvas sarah JE Chip inaus damages secure coob the coart had a day ot it last saturday SAt arday and banded down eosue important deci aiona one revere mg budno smith of odan on the women caso chief justice merritt gayo tha in strong language but weak jov chief merritt in delivering the opinion aard this case comes upon the application of mra sarah A anderson for a writ of mandate to com set U tynee deputy registrar 1 I weber county to place her name oa the aliat liat as a legal voter on he adoption or rt ejection ot the con and for state officers abla applicant is a and con ress passed a law known as tha ed maadi act by which women the section of the act bearing on abia question saya that it not ba lawful for any fruala to vote at any election hereafter in the territory of aiau tor any public purpose whatever and no such vote shall be received or counted or given any effect in any manner what ever and any sud every act of the legislative assembly ol 01 the territory 01 utah providing for or allowing the re or voting by females ia here by annulled I 1 do not find that abia act has been repealed and it remains in the statutes of the united states and applicable to this territory until it ie repealed or the territory becomes a state section 2 ol 01 the enabling act provided pro videe hat ail male catiz ns of the united stales over the aso of 21 years who have resided in for at least aoe year may yota for delegates to the constitutional convention and that those the qualifications to yota for delegates to the convention under alna ace shall be en titled to yoke on the adoption or bejec i tion of the constitution under auleb or as 9 lid convention may proscribe not in with this act Co neresa clearcy intended this to refer to male citizens only lection 4 of the enabling act says that qualified voters of the eaid proposed state may vote directly jio or the proposed jf who are tha qualified voters of the aalde state Jl early those male citizens over the fife of 21 who have resided in the territory for one year and who passes the necessary qualifications it ia a matter of public notoriety that this matter came up in the constitutional convention and waa voted down time and again the constitution is very positive on this and I 1 can come 0 o no other conclusion than that only male citizens are qualified voters article 4 section 1 of the cons titu lion provides that citizens citi zeus bhail not be denied or of thair right to vote and hold office on account ot aaa bat that cannot jafee effect until the con ia adopted section 11 article 24 of the constitution provides that the election on the adoption adoo tion 01 rejection of the constitution and for state officers be held on the tuesday gozt eithe first in november and ahall be conducted according to the laws of the territory and the provisions of the en ablina act it seems to ma the enabling act into consideration it is clar beyond he possibility of d dolbt that only daae til izean ara entitled to arte for atie ratification fi cation or 0 the constitution aad for state officers and women only have the right to vote when they are by the adoption of the constitution by the qualified voters un ler the provisions of ane enabling act I 1 abin th court below erred in graaf inz the writ of mandate and it is the decision of this court that the of the lower court be reversed and the writ of inundate domed school TAX judge king delivered an opinion in the city ac ool tax cause of cajen VB frank B hurlbert et al the opinion of tha court is eaid J adge king that the laws of 1892 and 1804 pro vide in effect that the county assessor and collector shall perform the duty of the city collector JCU ak KD philip T cook vs the bullion bebb and champion Cham pirn mining company appellant the lower court was reversed aud a new trial ordered opinion oy chief justice merritt concur red in by bartib and kina the plaintiff recovered a judgment in the first district court for dam aasa for personal injuries sustained while in the employ of the defendant company booko was working in the eurelea hill mine and fell through a board walk across the daisy falling 36 feet breaking one of bis lega and otherwise and hurting himself the defendants appealed on the gronna that the accident waa not cabber by any nf eli bence of theira and if it was the plaintiff plaint ff had been sailey of contributory negligence THIS casa sarah E chipman an infant by john I 1 chipman her guardian dian ad vs the union pacific and oregon short lina and utah northern railway company judgment of the lover court affirmed chief justice benitt delivered the opinion and associate justice bartch concurred the plaintiff on october 1 1893 was 8 yeara of aga end on that data attempted to cross the track of the de fondant railway company at a crossing abree fourtha of a cabie from american fork when by reason of a plank having been ulace on the track to the north rail making a trap between the rail and the plank her foot was caught and so held that she was unable to extricate it and while she was so held a train cuming from american fork at creat speed ran over the child crushing ana mangling her right IBS and severing it from her body negligence on the cart of the railway company haq and a suit brought to recover damasca da masea on july the case was tried in the first district court and the jury returned a verdict for the plaintiff assessing bar damages at appeal was taken on the that the damages were and given under the influence of and pro andice insufficiency nf evidence and errors in law occurring at the trial |
