REPORT OF THE UTAH COMMISSION. OFFICE OF THE UTAH COMMISSION, SIR: In compliance with the custom of this office, the following report for the fiscal year ending June 30, 1896 (constituting the Fif teenth Annual Report of the Utah Commission), is hereby respectfully submitted: NEW CHAIRMAN OF BOARD CHOSEN. At the close of the last fiscal year, Mr. Jerrold R. Letcher, of Salt Lake, who had been selected as chairman of the Board upon its reorganization in 1894, tendered his resignation as such officer in the following communication, to wit: To the MEMBERS OF THE UTAH COMMISSION. SALT LAKE CITY, June 1, 1895. GENTLEMEN: With the close of the present fiscal year (June 30, 1895), the work of the Commission, the annual report thereon, and preparations for the ensuing registration and election will have been so far completed as to justify me in asking that you accept my resignation as chairman of the Board, to take effect upon the selection of a successor. Very respectfully, JERROLD R. LETCHER. At a meeting of the Board held on the 2d day of July, 1895, the resignation of Chairman Letcher was accepted, and Commissioner Albert G. Norrell was unanimously chosen as his successor. REGISTRATION 1894-95. At a regular session of the Board, held on July 3, 1895, and dates immediately succeeding, a complete set of registration officers, one for each county, was selected in accordance with the provisions of the law relating thereto, making a total of twenty-seven, as follows: At the same dates, deputy registrars, one for each election precinct in the several counties, were also designated. CIRCULAR OF INFORMATION. On the 20th of July, 1895, the Board issued a circular, formulated in compliance with the provisions of the statute and rules of the preceding Commission, and intended as a guide for all the officials having the conduct of the election machinery throughout the Territory. This circular prescribed the duties of the registration officers, form of oaths for electors qualified to vote for Territorial and State officers, and upon the question of the adoption or rejection of the constitution submitted, as the same was prescribed by the statutes, the enabling act, and the ordinance of the convention. The greatest precautions were taken to provide against mistakes or frauds of every character, by supplying the judges with a circular containing the fullest details as to the duties imposed upon them by law, as well as in furnishing most complete and convenient sets of books and blanks for the official returns. To avoid any confusion which might arise by reason of the "double election," these were made in different colors, and plainly marked, with specific directions on each. SUFFRAGE. There being a great diversity of views relative to the provisions of the enabling act and the new constitution (which latter was to be voted upon by the people at the approaching election) as to the scope and extent of the right of suffrage, at a meeting of the Board, held July 19, Commissioner Tatlock presented the following interrogatories and moved that they be forwarded to the Attorney-General for answer thereto: First. Under and by virtue of the provisions of the enabling act and the proposed constitution, are women, who are citizens of the United States, over the age of 21 years, and who have resided in the Territory for one year next prior to November 5, 1895, entitled to registration? Second. Can women, possessing the qualifications set forth in the foregoing, be legally entitled to vote upon the question of the adoption or rejection of the proposed constitution at the November election, A. D. 1895? Third. At the November election to be held in 1895, as above stated, can women, possessing the qualifications set forth in question No. 1, legally vote for the State officers provided for in the proposed constitution? In view of the following letter sent to the Board, under similar circumstances, the motion was not adopted: DEPARTMENT OF JUSTICE, SIR: The law creating the office of Attorney-General makes it his duty to answer questions of law only when propounded to him by the President or the head of some Executive Department, and this law has been construed most strictly from the time of Mr. Wirt, in 1818, to Mr. Brewster, in 1884, by a uniform and unbroken line of opinions, maintaining a rigid observance of this rule. It would be inconsistent with my duty to reply to the numerous inquiries which come from other sources. To say nothing of the expenditure of time, it would be committing me beforehand upon points which might afterwards arise in the regular course of administration. When you take this simple view of the subject, I am sure you will excuse my not giving an opinion upon the subject to which you refer in your note of May 22. Very respectfully, To A. B. WILLIAMS, Esq., Chairman Utah Commission, Salt Lake City, Utah. CHARLES H. ALDRICH, Acting Attorney-General. On motion of Commissioner Letcher, the following was unanimously adopted: In view of the uncertainty which prevails as to who may be entitled to registration under the provisions of the enabling act and of the constitution for the proposed State of Utah, without assuming to direct the registrars or in any way exercise a power or authority not granted by law, but only for the purpose of securing uniformity of action by those having in charge the registration of voters, the Commission respectfully suggests: That the registrars should enroll all persons regardless of sex who are or may be qualified electors under the provisions of the enabling act and of the constitution. This suggestion is made out of an abundance of caution, and for the reason, that should it be necessary to secure a determination of the question by the courts of the Territory, there would not be time thereafter to enroll such electors before the date for closing the registration; whereas if the courts should decide that any persons were not entitled to registration, the names of all such could be readily stricken from the lists. In compliance with the suggestions of the Commission and the statutes governing the same, the registration was proceeded with in a manner evidently satisfactory to all persons concerned, and was completed within the time required by law. ANDERSON VS. TYREE. The question of suffrage rose almost to the magnitude of a party contest, but was not confined to strict political lines. The mooted question of the eligibility of women to vote upon the adoption of the constitution and for State officers was finally taken into court in the form of an affidavit for a writ of mandate, made in behalf of Sarah E. Anderson, to compel Charles Tyree, a deputy registrar for the second precinct of Ogden, Weber County, to place her name on the voting list of said precinct, said officer having refused to do so upon her application to be registered. The complaint in the case sets forth the facts as follows: That plaintiff, on the 6th day of August, 1895, was a native female citizen of the age of over 21 years, and had been a resident of the Territory of Utah for more than a year last past, in the county of Weber more than four months, and in the second election precinct more than sixty days last past; that under the enabling act delegates were elected and met in convention in Salt Lake City on March 4, 1895, which convention adopted a constitution to be passed on at the ensuing election (copy attached to the complaint); that defendant on the said date was a deputy registrar for said precinct and county, appointed under the Edmunds law; that on said date plaintiff applied to said defendant to be registered as a qualified elector of said pre |