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Show u i ...... f i-sis- .paukcvl, ci.lh several. c aru uiiti Territory jjlSS be held s! i raace? ana- ce ..asiaucsevi as. the Governor' should appoisr and . HI - 7 7"' - j. . 5rrn.il ' - isiati y as't:ay 1 voters - T jTcrtMJyJIl0Jt-rcc ViutI7 J and hy thoge as-4se- . ; powtr of theLegislath V;First; ;The right of "suilragt; and of hold; i oiHce haH boexercised oi by citizens of the United States&ffS'e the ao of twentv-on-s ;:. 5"5l itive snouid; mcetiu anil Governor such on; snch place day ' ftl&T.'the time "'and '7 but "fcsidujg and conducting all electloni aboYe4hatag0hhav - vided who snould be entitled to vote at ry- S tates. - o ; ' at the first election." ' ' v ! : By this provision then, at this first election,. inhabitant, ana tnis wnetner he be a citizen "aiiy of the United States or. not, being a free," white male above the age of twenty-onyears, who e shall have been - a resident in the Territory, September i), 1850, was a voter. So far as that election was concerned the qualifications of one to be a voter thereat were two in numv vrv ber, viz: First A free, whitetmale inhabitant, above tho age of twenty-on-e years. " . Second He must have been a resident of the Territory at the time of the passage of the Act, September Oth, 1850. Organic -prerequisite ualifica- tions became voters, and by their votes elected a Legislative Assembly, and that Legislative Assembly was the cne which "by the provisions of section 4 of the Organic Act wa& to jmeet at such, place- - and on such day a3 the Governor " waa fiaxlected and should appoint When ' (lidTdmeet, then it had the rnjwer to prescribe by law the time, place and manner of holding and conducting all elections by the people. Section 5 of the Organic Act provides, alter fixing the qualifications of the voters at said first election, "that the qualifications of voters at all subsequent elections shall be such as shall bejrjsjcri(OyJheJLislative Assembly, Provided, that the right of suffrage and of holding office shall be exercised only by citizens of the United States including those recognized as citizens by the treaty with the Republic of Mexico concluded February 2nd, ;, ySQgiQi -- L ; -- -- ji " r;:. ;r: The function of the voter who wa3 to vote at 1818." :-t:- , the first election having been fully performed when he voted at that election, he thereafter ceased to be a voter at any subsequent election, and could only be qualified as a voter when he showed himself possessed of the prerequi- sites required by the Legislative Assembly. Subsequent to tho enactment of the Organic Act ahove referred to and in' 1874, the Congress of the United States enacted sections 1850 and I860. Until the enactment of these two sections the Organic Act of Utah remained in force and the qualifications of voters at all elections after the first election were as prescribed by the Legislative Assembly of that Territory. Section 1850, having relation only to the qualificatians of electors at the time of the first election held on the organization of a Territory can have no bearing so far as Utah is concerned, for at the date of its enactment Utah;x had had her first election, and was an organ- -- y ized Territory, ., - -- -- -- e& J1At 1860 is as follows: X allrdbsequent elections," however, in tlnr-rbi- Andjt is further true thafc-- a d augntcr""-- " of a native born citizen of the Unitediates'ia a naturalized nrtliKlsmghttTM is citizen, a citizen of the United States, if at ns vialc: inhabitant above the age ,ot twenty-on- e years, who shall have been a resident' of said Territory at the time of the passage of this act (September 9, 1850) shall' be entitled to vote : t, the Legislative Assemblies of all the.Territoriea r in the power to confer the elective franchise, to ikrsons-whare citizens of the "United States above the age of twenty-On- e years, and to per--sowho; not being native. bor;i or naturalized citizens, are above the age of twenty-on- e years, who have declared on oath before a competent court of record their intention'to - become citi zens and have taken an oath tiupbjrt'ifcf: HSoastrtrrtiurr "It is thus made clear that the power to confer the elec-- ; tivo franchise is conferrod by the, sovereign power upon the Legislative Assembly of this Territory, limited in its exercise as provided by the first restrictive clause of section 18G0, Revised Statutes. ThisT section became :the law in 1874, and since then has been in operation. . Section 5 of the Organic Act provided that at the first election tho voter should be a male citizen above the age of 21 years. Sec. 3 of -- the tim6 of the "naturalization of. her parents, she was under the age of twenty-on- e years. To eutitle a woman to vote under this law she zwmMiav-oTbthagof twejntye'iars,-- and have been a resident ot this six months next preceding any, general or special election. And this whether she be a single ' woman, married woman, widow or daughter. The conflict between the contending parties in this- case, arises because. of tho difference of opinionjipon these two Acts of the Utah.LegisyT lature. The Resptradent claiming that the Ac conferring the right of suffrage upon women is ' unconstitutional, and because it does not impose upon woman me auty oi proving that she is a citizen, or that she is aTtaxpayer, thus makirig, the act-o- f' the UfahT LegislatiyeAsseinblylap- as is claimed; a fuiLJwtin--- 21, a do is that 1859, think such not I a "proycdJaiiuaryZ providedlegal construction of voter must" be a' male citizen "of the United the act. The Legislature was dealincr with the States. subject of suffragewho should be voters. It The first two, as we have seen, only fixes the had already legislated upon that subject, and had. restricted. the class of Voters to males. Its qualifications for a voter at the first election. It nowhere appears in all the legislation liad intention was no doubt to make .another, class,-- the that in fix upon to take"from"the males whol had under the act .Congress, except subject ing thequalifications of a voter at the time of H of 1850 therexclusive : privilege, and eonfer a the organization of a Territory, lias -- limited or like privilege" upon females. The two laws to limit the of the must be construed together. If they can be attempted power Legislative Assemblies of the Territories to the male qualibotlTmade to harmonize, It is plainly the duty fication. Pursuing the gaant of a power to conof the Court to sustain them both. Courts are fer the right of suffrage as given by Sec. 18G0, called upon to construeTnot to make laws, and it has been undoubtedly left to the Legislative when the Legislature gravely cnactgjiIaivIf. assemblies or the Terntones... tn ppj ify--yt thatrraiTsttackecrtne Courts must, with an ilieyTwin confer unon males"and females, or iin- equal degree of gravity, scrutinize it in all its on either, the right oi sullrage. . phases, and should be careful not to declare il The Utah Legislative Assembly; by the Act unconstitutional, unless it is plainly so. In my of: January 21, 1850," conferred the right of opinion these two laws taken in conjunction male the citizen Unof the with the defined powers conferred by Congress suffrage only upon ited States over twentv-on- e years of ao-- who can be made to stand together. The act of had been a constant resident in the Territory 1850 is full and complete, it has no constitusix the months next electional defects, and that of 1870 can be and during preceding ah tion and who wa3 a taxpayer. should be treated as only an enlargement of -- With the ample power conferred by Con-crethe privileges to the citizens of the Territory. upon the Legislative Assemblies of flio "Whilstlhere'rhay be want of uniformity in the Territories in determining the qualification of two acts, there is no deprivation of any right. is certain it was it within the power of voters, The male voter - still retains his old rights. the Utah Legislature to enact the law of JanTJierc is jio abrid sin rof-- h is nrivilecrcs. An- uary, 1850." I think it may" clearly be assumed other class of citizens arc brought forward by that so far as the qualifications o'i an elector the act of lo O and constituted voters, are concerned, it was the intention of Congress, exercises in the same way the right of suffrage,--- " subject to the restrictions of Sec. 1800, to leave-thand each are made voters by the respective ... ' Territories as free as are the independent Laws. BtAes. ' 7 The motion to quash the light is denied, and By the Act of January, 21, 1850, a class of the respondent is ordered to enter the name of voters was made, and their qualifications were " the applicant on the list. , determined. When the Act was. passed, the There are, as I understand, other cases, inLegislature without' doubt intended to confine volving the same question presented4n -- thiJ the right of suffrage to males;-- and as long as one, and as it was agreed in the argument that that Act continued to be the law of the Territhi3 should be a test case, the proper orders tory, only males could vote. But the in these cases will be made conformably to this passed an "Act entitled an act con-- 5 iZZ-Jiolding. ant n ierrmfr nnnn wnmnn-fh- s noted the respondents. Exceptions by which wa3 approved Feburary 12, 1870, which - 7 nf named in.it that right. It is undoubtedly true that a woman of , tlie ago of 21 years, who h native born, or who lias been naturalized, U a 7i citizen pf the Un itec!"B and it is further L undoubtedly' true that a wifq or. widow of a naturalized citizen is a citizen of the .United '::rzz"7r oOh ': -- frayould-rnnip- n -- w widow i;f- - duutrhter; of a native ltornur naturaliztMl citixvu of thul'nited SfatV shail,be tntili'tl to voto af any vlectioTTiu thU Leg-ratiyAs?- declared oil oathllk'Tofo axoiupctcnt court of record, their intention to become such. and j .have taken an oath to support the Constitution of the United States." J mf Territory." ;y Thii Act, if stding by itself; ami if them was no doubt of power on the part of the ;; : enaettd rhrrthe Territorial Legislature." The. means there be-- : i:i provided, ior noiumzn. nrst election,-v,onrrcs bv Section 5 of the Oninic Act, eItK4io3r-andttactedhatTeye- bv surfi v-- mk-m- "u7t prtcciim- - any. general or special eftmu," born or tiaturaiid in the Umled State?; orvn' b? dtirritory, subject r'neveriacless to the following restneausjjhyi; w-ui-e sboiild'te-preiit'ijpla- tw qual&vatkuj. rLh d lu"ilm'JLtttmty ha ; . - - ' . TiXiai -- -- " . " -- s , ' . ss lch e 1 Utah-Legislatur- : e ' ; -f.,,oi.: is A3 follows: "Tlyit every woman of tho age of 21 years Indiana has 2352 women engaged in form ing-- ' |
