| Show WOMEN CAN VOTE OGDEN utah aug 9 the test teat case to decide the right fight or of women to vote came on this forenoon bea beffre ire judge smith in the fourth district court oo on op for a writ of mandate by mrs MN anderson anderon asking that D deputy ipaty registrar C D tyree be b commanded to register reg teter her bar a aa a voter the cabe came to argument upon the agreed tate state 0 of jactia facts as represented lo in the affidavit for the writ the case being opened by C 8 13 vartan varian for or the defense on i the be affirmative order to show bow caisip why the defendant should pot the plaintiff a as a voter the aitor neja for the plaintiff were H H and H P henderson Heude raon B R H J E bagley J 8 Bo boreman Borc remau mao judge judd F j 8 Bio barde judge sod judge hiles hilee while the defendant was represented by P 8 williams john M zane arthur brown and C 8 13 varian the arguments occupied the day wad and judge smith stated that he be would render reader the decision saturday atter after nooh OGDEN aug 10 when the court convened thin abla afternoon the ot u court room was crowded with altor noys and prominent citizens citizen eager to bear the ollon ie of judge li W smith on aba th test teat case cae brought to de terene the right 0 of women to vote for lor or abali the proposed constitution and tor ft the election ot at statia state officer esAm va at the rame time the decision on stiv wa he principal topic of discussion the general guess seemed to be that the beouf court t would decide that women could vote for the first state officers office carr rc but not on the in beginning hia bin decision judge smith stated the came succinctly ind that the facts alleged to lo the affidavit for the writ of mandate were admitted bence the only question ti t be determined was wa the legal PrOP whether women were entitled at the coming election to vote for or against the constitution and for state cf floers then to be elected and ana whether under the law women are qualified voters entitled to use the electoral privilege upon the question tion it cannot be said that any par timan questions ques tlona enter into this discussion or decision deci allon because no one has any knowledge of how the decision of the question tion will affect the result of the coming election it to is a question or of construction only and the rules of construction of legislative enactments are to be b closely followed so BO as to arrive at the full and intended meaning of what legislation and congressional enactments have been made upon this point no woman in the territory I 1 apprehend wishes to vote unless she nas the he undoubted and explicit right to do so 0 o and this action to is for the be pur pose of determining her rights hence it to la of the greatest to determine this thin question correctly in accordance witti with the full meaning tu intended tended by enabling acta ac and the acts of that convention that framed the law abion will be the law by which the people of the territory will be governed in the opinion of the court the whole matter hinges principally upon sections 24 sod and 18 ot the enabling act and upon the abe second section of the declination dec of right the first sua aua second sections ot of article 4 of the constitution and the lelh and 14 b sections of the schedule embraced in the constitution the court then quotes these sections and says that the contention content ioa of the plaintiff is that it was the duty of the constitutional convention to designate who shall be the el electors ectore generally and that they must permit that gnat class of persons in the second section of the enabling act to vote upon the constitution anu and further that the constitutional convention performed per formea that duty duly sod and created the electorate of the proposed state and that mut she ahe falls within the class of 0 per sons ODD upon whom the franchise has bas been conferred erred in brief that she and all other obbera upon baom the proposed constitution confers the franchise as well all those persons upon whom it is conferred by the act of congress are entitled to vote upon its adoption or rejection the claim of the defendant is that congress by the baab ling act has created the electorate that is to pass upon the adap tion or rejection of the constitution sod that the constitutional convention has provided that that same game electorate shall gele lelesi the first state officers vested to la any individual or set of individuals vi but the right of voting is purely conventional and to is given or bobelu at the will ot of the ha legA legislative i power it may be enlarged or restrict ad di granted or withheld with beld and oo no one way may complain it if done in a uniform manner congress baa never attempted to say may what person or persons shall constitute the electorate of iut any stat scat but the opposite la Is affirmed by toa constitutional amendment which declares that the powers not deJe delegated gated to us ua by the constitution ution nor prohibited by I 1 it t are reserved to the states respectively or to 0 o the people there is no attempt in the constitution to limit the power viany community or extend the franchise to any class of persons that they may see bee fit to favor aitu it in n this light it is in doubtful it if congress Congre aa ever intended by the enabling act to provide an electorate for selecting the first officers of the state and I 1 do not think it would be made within the ghe power of congress in the opinion of the court section 4 of the enabling act ratified by theaon convention and madu a part of the constitution provided a class of voters to vote on the Cona constitution titu and this olson class are the ones entitled to this vote the voters of the proposed state the people are those upon whom the political tempo ties and and duties are devolved and under this bis new constitution men and women have these responsibilities and dukiet hence the constitution should be voted for fay ir V against by those these persons upon whom that I 1 instrument ment places the duties and responsibilities bill ties of electors if I 1 am right as to the test by which we are to determine who are the quail fled voters of the proposed state of utah then it seems clear to me that the plaintiff is entitled to vote both upon the adoption or rejection or of the constitution and certainly for the election of state officers of the proposed state of utah this conclusion the if id fuance of a peremptory writ of mandate and the order will be that a peremptory writ issue requiring the defendant to register the plaintiff as an elector of the abe second election precinct ol 01 act of ogden city |
