There is a large range of discretion in regard to
the votes offered by the male sex. If a man offers his vote, there is a
question whether he is a minor--whether he is 21 years of age. The
subject is within their jurisdiction. If they decide correctly, it is
well; if they decide erroneously, they act judicially, and are not
liable. If the question is whether the person presenting his vote is a
foreigner or naturalized, or whether he has been a resident of the state
or district for a sufficient length of time, the subject is all within
their jurisdiction, and they have a right to decide, and are protected
if they decide wrong.
But upon the view which has been taken of this question of the right of
females to vote, by the United States Court at Washington, and by the
adjudication which was made this morning, upon this subject there is no
discretion, and therefore I must hold that it affords no protection.
In that view of the case, is there anything to go to the jury?
MR. VAN VOORHIS: Yes, your Honor.
THE COURT: What?
MR. VAN VOORHIS: The jury must pass upon the whole case, and
particularly as to whether any ballots were received for representative
in Congress, or candidates for representative in Congress, and whether
the defendants acted wilfully and maliciously.
Pages:
171
172
173
174
175
176
177
178
179
180
181
182
183
184
185
186
187
188
189
190
191
192
193
194
195