| Show WOMEN NOT LEGAL VOTERS Suoreme Court Reverses Judge Smiths Ruling EDMUNDSTUCKER LAW RULES Nowhere Hao it Been Repealed and the Enabling Act also Excludes Woman Suffrage Judges Morrltt and Dartch Agreo in the Reversal Judge King Delivers a Hot Dissenting Dis-senting Opinion i Knit Lake City Utah Soiitonibur 1 Fair woman cannot vote either upon the adoption or rejection ot the Constitution Con-stitution ur for State olllccra at the coming election This Is the edict Issued yesterday afternoon af-ternoon by the Supreme court of the Territory The opinion In the case which was a verbal one was delivered by Chief Justice Jus-tice Merritt and Associate Justice Kartell concurred Associate Justice King dissented In a most vigorous nnd emphatic manner and during the course of his remarks he characterized the action of the majority ma-jority of the court not only an injustice Injus-tice but an outrage upon tho women of Utah The opinion was rendered by Chief Justice Merrltt when the court reassembled reas-sembled at 2 oclock in the afternoon His Honor after mentioning the title of the case said In substance CHIEF JUSTICE MEURITT This Is a case In which the petitioner petition-er Sarah A Anderson applied to tho court below for a writ or mandate to compel Charles Tyree deputy registrar regis-trar of Weber county to place her name upon the registration list of Weber county as a legul voter upon the adoption adop-tion or rejection of the Constitution and for State olllcers The applicant Is a woman and congress passed a law known us the EdmundsTucker act which says among other things That It shall not be lawful for any female to vote at any election hereafter here-after held In the Territory of Utah for any public purpose whatever and no such vote shall be received or counted or given any effect In any measure whatever and any and every act of the legislative assembly of tho Territory of Utah providing for or allowing the registration or voting of females Is heieby annulled 1 do not find that the act has ever been repealed and It remains In the statutes of the United States and applicable K appli-cable to this Territory until It is repealed re-pealed or the Territory becomes a r State Section 2 of the enabling act pro 1tcttt1l male citizens of the United States over the age of 21 years who have resided In said Territory for one year next prior to such election are hereby authorized to vote for and choose delegates to form a convention In said Territory In the latter part of this section It Is provided that persons possessing the qualifications entitling them to vote for delegates under this act shall be entitled to vote on the ratification or rejection of the Constitution under such rules or regulations as said convention con-vention may prescribe not in conlllct with this act Congress clearly Intended this to refer to male voters only Section 4 of tho enabling act uses the language at which election the qualified voters of the said proposed State shall vote directly for or against the proposed Constitution etc Who are the qualified voters of tho said proposed State Clearly those male citizens over the age of 21 years and possessing the necessary qualifications qualifica-tions State It Is a matter of public notoriety that tho question of the right of women to vote upon the adoption of the Constitution Constitu-tion came up In the Constitutional convention con-vention and was voted down time and again The Constitution Is very positive posi-tive In this and I can come to no other conclusion than that only male citizens are qualified voters it Is also provided In article 4 of tho Constitution that the rights of citizens of the State of Utah to vote and hold office shall not be denied or abridged on account of sex Section 11 article 24 of the Constitution Consti-tution provides that the election for the adoption or rejection of the Constl tution and for State ofllcers shall beheld be-held on the Tuesday next after the first Monday In November 1895 and shall be conducted according to the laws ot the Territory and the provisions of the enabling act H seems to me taking the enabling act Into consideration It Is clear beyond I be-yond the possibility of a doubt that only male citizens are entitled to vote fur the ratlllcatlon or rejection of the Constitution and for State ofllcers and women only have the right to voto when they are enfranchised by the adoption of the Constitution by the qualified voters under the provisions ot the enabling act I think the court below erred In granting the writ of mandate and It Is 1 the decision of this court that the Judgment Judg-ment be reversed |
