It is undoubtedly good law. They hold expressly
in that case that the inspectors are administrative officers, and not
judicial officers.
Now, this is the point in the case, in my view of it: If there was any
case in which a female was entitled to vote, then it would be a subject
of examination. If a female over the age of 21 was entitled to vote,
then it would be within the judicial authority of the inspectors to
examine and determine whether in the given case the female came within
that provision. If a married woman was entitled to vote, or if a married
woman was not entitled to vote, and a single woman was entitled to vote,
I think the inspectors would have a right in a case before them, to
judge upon the evidence whether the person before them was married or
single. If they decided erroneously, their judicial character would
protect them. But under the law of this state, as it stands, under no
circumstances is a woman entitled to vote. When Miss Anthony, Mrs.
Leyden and the other ladies came there and presented themselves for
registry, and presented themselves to offer their votes, when it
appeared that they were women--that they were of the female sex--the
power and authority of the inspectors was at an end. When they act upon
a subject upon which they have no discretion, I think there is no
judicial authority.
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