Show IS THE WOMAN SUFFRAGE ACT VALID THE thu supreme court having ule uie ile decided elded that the registration officer p cannot n A be compelled by mandamus to erase the names 0 of wamen voters from the registry list the ofil only V question now at issue isow is in regard aw to the aa val vai the ad act conferring on oa w women 0 o the elective franchise and tha that parti artof of the registration aca which is in 16 a accordance therewith the mal mai main maln n argument used by the very liberal conspirators against the rights of women Is that thit the law JAW making them voters is woid void because different qualifications are require required cr fon for fon for female voters than are required h n another law for male voters the ther older gider statute confers the right to vote upon tipon every hiale male citizen the e united states over twenty one years of age a e who has resided in n the tory six months next hext preceding the ther election and is a lax tax ray ras rayen payet pay in the territory Teril tenil tory tort an ex exception de ti on is made rde ade in T regard to officers an and soldiers IW inthe the tho united states army to aio which we will again refer the other opher confers the ea elective ec e franchise francht sm upon tipon every woman over twenty one ohe years behrs of age who has resided in the six sim months next preceding the election and ana who is either elther a native or nature citizen ort or tha wife widow oc daughter daughten of 0 citizen thee theme laws have five been boen in id force for ae years and under their provisions both male and alid female voters cast their ballots at our alecious ole ele cious the th e question guestion q ei tj on now kaied IS aimed aimea af at the thia ab abolition of waman woman sui guI suffrage nagy it is claimed wat that as there thene is is one dhe qualification for niale m ala aia notera voters L which is not hot required of ot feri ferl female altie litle voters namely the th taxation clause se the act conferring g women the elective franchisee franchised franchi franch isee sd void void vold auf but As ag we showed shower at the them time of tf thadis the discussion on orf this C guestion question iii the tooele thoele dase if ahls 01 cause of object i on was wa sd af pf fany any rei rel real neal force tind lind effect 1 tt would seem rather to strike a at it the tax bik qualification Imposed on gri enal inal maie male I 1 q voters I 1 I 1 lut fiut not ort on tanal female voters andrak and mak that t h a t requirement r eq u 1 void vold without affection the validity aty of the later statute but this is not jowh afat at the liberals desire asire these attempts atte nip ts to procure the repeal of the woman suffrage law having so fay fai failed P it is ls now intended if possible ble bie to reach it t through the th courts and ans kill by b Y judicial uricial rulings iha thala which has ij jit not 9 t leen een reached by congressional legislation I 1 s the argument ume against the validity y of either h law tw is founded I 1 on the pv that inequality 11 ne is esta established by the woman suffrage act which is said to have created crea teda a new class clams of vo voters teis 1 l and the provisions for the two classes not being being uniform the discrepancy is pronounced fatal the doom falling on the later law but will it be contended that there can ean legally be only one class of citizens the laws of the united states recognize several classes there are first all persons born in the united states except indians untaxed second indians born bum here and taxed third those bom born in this country but over twenty one years sears of age these may vote under such qualifications as the states or territories bries where they reside may prescribe those who are under this age being debarred debarres de barred from this privilege ca fourth persons of foreign birth who have bave become naturalized by taking takings a certain oath and obtaining a certain paper certifying to a judicial act in their case fifth their adult children who have come to ilis his country before the age of ane years who are citizens without taking the oath or obtaining the certificate arti sixth those who have served in the united states army and been honorably discharged who need not declare their intentions tent ions nor prove more than one yearns residence previous to application for citizenship seventh those of foreign birth who arrived in the united states slates three years or more bebb before ili iii reaching reach ing the he age of ti twenty venty one and whose parents are not naturalized tu ra who may be admitted to citizenship without declaration of intentions after rive five years residence and aft aiT arriving iving at the age of twenty one years eighth foreign born women the wives of native born or naturalized citizens who if they might lawfully be naturalized become citizens by virtue lug of their air marri marriage age agi without taking takli ij any oath ath or going into inma any ans ny court or receive receiving ing any papers pape rs tb there ere are some other othe r classes that we need where is the exact equality anil and uniformity in the laws on citizenship p using these terms as presented by the objectors to our election laws but it may be argued that Ahat this does noh not touch question it only affects citizens citizenship hip this is very true but the principle involved is the same in a both cases ases wow kow let us apply it to ti the i e s suffrage u itral e must the qualification of voters het her exactly the thes same samo sameon in every instance can there not be different classes of voters as as well ivell as di merent different classes of citizens and does not wot the uniformity of laws demanded apply rather to all voters in each class than to all of every class we think so the utah sta statute specifying the qualifications af male voters is acknowledged by the objectors to be valid well that establishes tab lishes two classes of voters with a special qualification for one class not required of the other this we referred to above it is in regard to officers cers cerp and soldiers i of the united states who ca cannot n noi not vote if they have all ali the required of the other class aiss unless their home homp and place of residence were in t his this territory at the time of engaging in military service on the ine qualify theory and the separate c class syr all objection would not this be i just st as vold vold void as the woman suffrage act is claimed to be judge boreman in in his dai dis dissenting ss enting opinion makes the following admission 71 ifa alf tit the legislature had power fower to ml make mawe one set of qualifications for one class cm al of and another set for anath er elaas claas of df voters then men the two laws can stand but if it the legisla ture turp power its attempt todo to do so is nugatory and andr void vold but be he does not attempt to p prove rove that ibo iho the legislature has not this power A nowr yew york yonh yon election law provided that white male citizens jax tax qualification but required colored voters to possess a freehold of and to have actually paid a tax thereon this color is void not because use of inequality or non cluni uni if for 0 mity 4 1 Y t but because b of bf the fifteenth amendment ent to td the constitution rhode island only requires a native born writ citizen to be a rl mothe motho amount of abne dollar in norderto order to vote but a naturalized efti eltiy zen must be possessed of real estate to the value of 1 1 over and above all or property which rents tents for fon seven dollars per pennsylvania dind rind Delaware have or had ench each one 1 qualification hers er over tw edity erity tyl one y years ehr e hr s of age and another for those i between twenty one and twenty two tivo years of age the formen former being required to pay taxes and the latter being exempt here is the very same pr I 1 nel nei P e against which objections are now raised m the elect election iob iol laws of ot this territory I 1 t chafis 19 one eliss cliss taxed another class elds c untaxed eu there ar are no fearons fea reasons sons wy voters in those states between the a aes ages es of twenty one and twenty two years should not necessarily be taxpayers therease Ther there eare are many reasons wily why women voters in this territory should not necessarily be taxpayers tax payers and one is because they generally hold property only through or with their husbands who pay the taxes thereon which is sufficient as no ao property ought to be subject to the same tax twice Is it contended that all laws must be equally applicable to both sexes in order to make them uniform and imp arUal why then should male citizens be required to serve in the militia of the several states while females are exempt why require men to pay poll boltax tax and not women the pan answer awer would he be those laws are uniform in their application to the class of citizen citizens 9 which they are intended to reach the law va varies ries rles in many particulars as to different classes of citizens for instance men of certain ages are required to do militia duty while others are not so with the poll tax A citizen 20 years of age may not vote while a citizen twenty one years old under prescribed conditions may vote voter the laws jaws of congress require a male alien in order to become a citizen to take a specified oath and obtain papers attested by a court of competent jurisdiction burthey but nut they do not require this in ali all cases of female aliens who become citizens through marriage with a citizen without taking the oath or obtain obtaining 1 ing the papers do the laws which make these distinctions lack uniformity or impartiality no because all ail persons of the class they are intended to reach are equally affected by them so it is with the laws of this i territory under considerations eions valid reasons c can n be g given 1 iven why the laws of congress are varied to meet different cases so they can ean in in regard prescribing M rung vung t the h e qualifications of voters omen generally do not hold hoid pr property perty in their own right beca because use it it is usually own owned ed by their fliehr ausba husbands n ds who pay the taxes upon it the jaw w therefore being framed with the tho intent of conferring the elective franchise upon women very proper properly 1 y did not impose the tax qualification upon them because that would have measurably defeated the object of the law if that law had bad provided a different qualification for persons of the same class the claim that it was not uniform might be reasonably set up the legislature of this territory is empowered by the organic act apt and the thel laws of congress f to prescribe the qualification qualifications s of voters subject only to certain specified restrictions strict ions rhe the election laws jaws have been enacted within those powers and aud limits the uniformity and equality 1 gon contended tended for are eluded to in those powers or cestr restrictions ac they merely i express certain principles of law reeo reco recognizer g gizea by jurists and which ire bre are just and reasonable lemonn ble bie when properly applied but are unjust and absurd when wrested from their true signification and ind milsap pl ed edalin is asin in the arguments of 0 those who areso aleso anxious to deprive the women voters of utah odthe aft he rights conferred upon them by y enactments which wilch in our opinion cannot be fairly invalidated |