Show 1 DAY y yOl MORNING Ol NING r FEBRUARY 1 12 1922 I. I 1 I a 12 ANNIVERSARY DATE OF FOR WOMEN OF UTAH I TWICE CONTESTED IN COURTS OF STATE I ling g Governor of T Terri Terri- i ry T Approves Approver Although i Wisdom of EnI En- En I Such Measure By ALBERT F. F PHILIPS ty two ty-two two years ago ngo today three two ir-two tures tu tures es were appended to house file tile 6 6 which had passed the nine nine- Jh assembly of ot Utah auro a n nIro uro which had been enacted inne In Inn subdivision of ot n rie ne other political United States and nowhere elsee else Iro e world world It gave to the women of ot th tho same rights a accorded corded men teat any election In tho the territory tab tan and th tho measure was ed in the organic law of ot the terI ter- ter t 1 s signatures natures to the the measure were lot lof George A. A Smith president of ot council Orson Pratt speaker of ot oto I louse onse o se and S. S A A. A Mann acting go gov- gov vor v- v for or the tho territory the latter sends senda send- send s a specIal message to the legis- legis assembly in which he said giving it his approval that I grave and serious doubts of ot then the Km tri n and soundness of ot that political i my which makes the act tho the law jils ts territory but I hope that fu- fu experience may approve the wis- wis ot ot of our action The act read as VS ws n 1 Bo Be Bo It enacted by thenor theor the nor or and legislative assembly of ot territory of ot Utah That every an tan of ot the age of 21 years who resided in this territory six months preceding any general or special tion born or naturalized in the edI df States or who is the wife wor daughter or a native born citizen of ot the United es shall be entitled to voto vote at any anyon anyon Jon on In this territory p. p Ml 2 All All laws or parts of laws with this act are hereby aled VOTE RECORDED ie bill ill had the unanimous vote of c council and house i lose voting in favor tavor of ot the passage le 1 bill In the council were I bm the counties s of Salt Lake jle le summit and Green River Wil- Wil Woodruff George Q Cannon JoJA JoA Jo- Jo JA A Young and William Jennings pat pm pm Davis and Morgan counties r C. C Haight p pm J i Weber and Boxelder counties s Snow om pm Cache and Richland counties sl hatcher Jr om Utah and Wasatch counties Harrington and A. A D. D Smoot Millard and Juab counties JaG Ja- Ja G G. Bigler om m Sanpete and Sevier counties n Hyde o om omi r Beaver Iron and Plute Pluto coun- coun George LGeorge A. A Smith I coun-I om Washington and Kane coun- coun Er Erastus Snow os osee voting in favor of the passage In the house were aver John R. R Murdock x lder Jonathan C C. Wright che and Rich Peter Maughan and les C. C Rich vis and Morgan Willard G G. Smith William R. R Smith n In Silas Smith ab Samuel lard Hard lard Thomas Callister Canister It Lake Orson Pratt Sr John I Albert fAlbert P P. Rockwood Enoche Enoch e Brigham Young Jr Joseph F F. h and Sevier Redick N. N da dand d George Taylor William W. W Cluff duff oele John ih Albert lb-Albert Albert K Thurber William B B. B rand fand David Evans Abram Hatch and Kane Joseph W. W g. g ber bel Franklin D. D Ri Richards hards and ling Governor S S. S A. A Mann who serving during the interim bet bee be- be t 1 the he e retirement of ot Governor ee ce and the arrival of his suc- suc r J J. J Wilson Shaffer signed the tho thour ur ure ure As stated he sent a message to the assembly giving ea's ns for tor his approval of the although ugh he doubted the wisdom His HIg message was as asye I ye EXECUTIVE MESSAGE Office Utah Territory 12 1870 N I the Honorable Orson Pratt ak aker r of ot the House r rr I l have the honor to inform I Ith th that t I have have this day approved d and deposited In the secret secre- secre t office an act conferring upon n the elective franchise franchiso In view e importance of the measure reI re- re I to It may not be considered per iper for me to remark that Ivery I Iv Ivery doubts of ot v very very r grave and serious and soundness of ot that po- po economy which makes the act Jl Ip f this territory and that there lany lany reasons which in my judg- judg tate fare opposed to the legislation those doubts and rea- rea may have been In view of ot the themous themous passage of the act in both fand and d the council and in defer defer- to the Judgment of many whose n Ivery very much respect I have fore stated approved the bill that future experience may ap- ap ithe wisdom of our action and that the same may be found In harmony harmony harmony har har- mony with the th-e spirit t and genius of the age In which we live Very respectfully S A A. MANN Acting Governor The passage of the measure was held to be the tho answer of the Mormon men to the charge that the Mormon women were downtrodden and held in subjection On the arrival of ot Governor Shaffer In Salt Lake which was not until March 20 fOll following wing tho the action of the acting governor did not meet with his lilt approval Governor Shaffer was made to believe bellevo that the granting of ot I suffrage to women meant that the power of ot the Mormon church would be bo greatly strengthened and that It would practically control the entire territory In all elections The Tho result was that while the measure could not be repealed or recalled Shaffer and his friends had Secretary Mann re removed removed removed re- re moved from office after atter holding office for about one year I PROGRESS OF MEASURE I The question of the enactment of a a law granting the tho franchise to women came up first In the nineteenth annual annual annual an an- nual session of tho the territorial assembly assem assem- bly the one which enacted the law I II I It was on January 20 1870 when Representative Representative Rep Rep- Abram Hatch of ot Wasatch county In the house moved effectively that the committee on elections be instructed In Instructed Instructed In- In to inquire into the propriety of I bringing In a bill granting the right of oft t suffrage to all the women in the terri terri- I I i tory also providing a law for the regj regI reg reg- j of the Uie I vote The committee on elections consisted of Peter Maughan I Willard G. G Smith and John R R. R Mur Mur- dock j I i It was also agreed through a It motion of Representative John that the house go Into committee of ot the tho whole at 2 p p. p m. m for the purpose of ot considering the question of ot female suf sut- frage When the house convened In the tho afternoon It immediately resol resolved d Itself Into committee of ot the whole with Jonathan C C. Wright of ot Boxelder county In the chair The question occupied the entire afternoon and when Just before the time for tor adjournment the committee arose and reported that the committee had taken the subject committed committed committed com com- to them under consideration that much light had been elicited that the subject had been discussed In a liberal spirit and the committee requested requested re requested re- re quested further time in which to bring I In a n. written report I This was agreed to on the motion of ot I Representative Joseph F. F Smith I COMMITTEE REPORTS I Twelve days later the committee on onI I elections through its chairman Peter PeterI I Maughan presented a n. lengthy report i on the matter of universal suffrage In Inthe inthe inthe the territory as follows To the Speaker and Members l of ot the House of ot Representatives Gentlemen Your Gentlemen Your committee to whom was referred the motion that the committee on elections be instructed instruct instruct- ed to consider the tho propriety of establishing establishing establishing lishing by legislative enactment women's women's women's wom wom- ens en's right of ot suffrage in this territory respectfully beg leave to submit the following report Your committee having examined the laws In regard to the franchise of women find That in the organic act of this territory section 5 6 that every free tree white male Inhabitant above the age of 21 years who shall have been a resident of ot said territory at the time of the passage of this act shall be entitled en entitled en- en i titled to vote at the first election and I I shall be eligible to hold any office within said territory but the qualifications qualifications of ot voters and of holding j office at atall atall atall all subsequent elections shall be such as shall be prescribe dby this legislative legislative legisla- legisla legisla 1 I tive assembly provided assembly provided that the j I rights of ot suffrage and of ot holding office shall shaU be exercised only by citizens of ot I the United States From that above it would seem that at the first election That every free tree I Iwhite white male Inhabitant over 21 years of j jage age could vote but that in all subsequent subsequent I quent elections the power to prescribe the qualifications of ot voter should be vested in the legislative assembly with with I restrictions that the right of ot suffrage and of ot holding office should be exercised exercised exer exer- I exer-I only by citizens of ot the United States In conformity with this an act was passed by the legislature of Utah entitled en entitled entitled en- en titled An act prescribing certain qualifications qualifications qualifications necessary to enable a person to be bo eligible to hold office vote or serve as a Juror wherein It Is stated Section 3 Neither Keither shall any person j be entitled to hold any office of trust I or profit in the tho territory or vote at any election unless he Is a free white male citizen of the United States approved approved approved ap ap- proved January 21 1859 From this it would seem that only white male citizens are entitled to vote At the last session of the legislature the word white was rescinded leaving leaving leaving leav leav- ing It in the power of ot all aU male citizens of ot the United States to vote voto who have been in the territory six months andare and andare are over 21 years of age Your committee however are of the opinion that the legislative assembly assembly assem assem- I assem-I bly of ot the territory of ot Utah have the right under the tho organic act to grant suffrage to all citizens of the United States I CITIZEN DEFINED Upon Inquiry as to what constitutes constitutes constitutes a citizen of ot the United States by bya a reference to the tho naturalization laws of the United States we find tind I First that the children of ot citizens or persons duly naturalized under any of the tho laws of the United States are citizens This of course refers to both male and female children sec iv lv for no distinction is made Second it would seem that the wives of ot citizens become citizens by marriage for although not specified yet it is Implied In section IV When any alien who shall have complied compiled with the tho first condition specified in the tho first section of the said original act of ot April 14 1802 and who shall have pursued pursued pursued pur pur- sued the directions presented in the second section of the said act may die before he ho is actually naturalized the tho widow and the childre of such alien shall rh ai be considered citizens citizens of the United States and hall be entitled to all rights and privileges privileges s as such upon taking the oath prescribed by law According to this we should naturally naturally naturally natu natu- rally infer that If it the widow and children children chil chil- dren of ot an alien who vho had perfected his citizenship became citizens that the tho wife of ot a citizen became a citizen by being united by marriage to her har husband Your committee are therefore of the opinion that It is competent for tho the legislature to pass a law gran granting ling to I I women the right of ot suffrage and I I while your committee admit that the tho I I right is In many respects novel yet j I they can see no Impropriety In enacting enacting enact enact- enact j ing such a law Women in their social social so- so 1 and marital relations I Iare cial property are according to existing codes very IC j I C Only One Other Political Politic al Subdivision in World Ha Had ald d Previously Extended Full Ful Franchise to Females Female much curtailed this enfranchisement would put them in a position to Protect pro test their own rights by an appeal t to the ballot box which we think the they y are quite as competent to use as uneducated un un- educated foreigners the negro or th the Chinese OFFICE HOLDING RESTRICTED Your committee would further respectfully re re- re state that while they would woul be in favor tavor of granting the right t to o vote and to hold some offices the they Y could not recommend them as eligible le to the tho executive Judicial or legislative e departments to the office of ot marshal et constable and other administrators o of t I justice or law We therefore recommend either th tho revision of ot our statutes as the qualification cation of ot our voters making women eligible or the passage of ot a special ac act t for that purpose Respectfully you yours J J. J C. C Wright chairman of the committee commit commit- tee of ot the whole The report was adopted February G 5 the committee on elections elec elec- introduced a bill providing fo for r the granting of suffrage to women n which was read a first time and then under a suspension of rules a second and third time and passed the house hous e and was sent to the council and referred re re- re to the committee on Judiciary which committee on February 9 re reported reported re- re ported It back with a favorable re re- re port The council then resolved itself itsel f into a committee of the whole on th the motion of ot Councillor Wilford Wood ruff with Councillor Lorenzo Snow 1 In n the chair The measure was slightly slight y amended and when the committee committe arose the report to the council w was unanimous in favor of ot its passage A call of ot the tho council recorded every vote vot e In favor of the bill as amended and i iwas It t was passed The house declined to concur in th the e amendments of ot the council and th the e bill was sent to a conference commIttee commit commIt- tee of the two houses and the measure measure meas meas- ure was finally agreed greed upon as printed printe d above and it was passed by the unanimous I mows vote of both houses And thus thu s universal suffrage came to Utah I ASSAILED IN COURTS The right of ot the territory to enact t the law granting suffrage to women n was assailed in the territorial courts court s twice and in both instances the statute was sustained The fIrst attack was made durin during g the political campaign of 1880 Proceedings Proceedings Proceedings Pro Pro- in mandamus were instituted in the supreme court of the territory to compel the registrar of Salt Lake county R R. T T. Burton to strike from the voting list of the tho county the names of ot Mrs Emmeline B B. Wells Aunt Em a member of the Mormon church Marie M M. Blyth and o of Mrs A. A G. G Paddock g gentile and all other women whose names acmes appeared upon the list The title of the case was was- George It R. l Ia Maxwell Well relator against R R. T T. T Burton assessor and registrar of Voters oters of ot Salt Lake county The basis of ot the mandamus proceedings proceedings proceed proceed- ings was the alleged invalidity of the Women act approved by y ActIng Acting Act Act- ing Governor S. S A A. Mann on February 12 1870 The application for tor the writ f was based upon the ground that the I which conferred the franchise differed dif dlf- dif dif- from the territorial law of 1859 which provided that voters should be males and taxpayers a second allegation allegation allega allega- tion was that the act of 1870 did not require a woman voter to be a citizen In the common acceptance of ot the term It being sufficient if it she were ere the wife wite widow or daughter of a native born bornor or naturalized citizen and it was |