Page:History of Woman Suffrage Volume 4.djvu/1020

 dered. The women generally were willing to abide by the highest judicial authority.

A test case was brought before the District Court in Ogden, August 10. The court room was crowded with attorneys and prominent citizens to hear the decision of Judge H. W. Smith, which was that women should register and vote. The case was then carried to the Supreme Court of the Territory and the decision given August 31. Chief Justice Samuel A. Merritt stated that Judge G. W. Bartch and himself had reached the conclusion that the Edmunds-Tucker Law had not been repealed and would remain effective till-Statehood was achieved, and that he would file a written opinion reversing the judgment of the lower court. Judge William H. King, the other member, dissented and declared that "the disfranchisement of the women at this election he regarded as a wrong and an outrage."

The opinion of the Supreme Court could not be ignored and therefore the women citizens acquiesced with the best grace possible. Unremitting and effective work continued to be done by the suffrage association, although the foremost women soon affiliated with the respective parties and began regular duty in election matters. The leaders went through the Territory urging women everywhere to look after the interests of the election and see that men voted right on the constitution, which was not only of great importance to them and their posterity but to all women throughout the land.

Women attended conventions, were members of political committees and worked faithfully for the election of the men who had been nominated at the Territorial Convention. A few women also had been placed on the tickets — Mrs. Emma McVicker for Superintendent of Public Instruction, Mrs. Lillie Pardee for the Senate, and Mrs. E. B. Wells for the House of Representatives, on the Republican ticket, and it was held that although women were not allowed to vote, they might be voted for by men. But finally, so many fears were entertained lest the success of the ticket should be imperiled that the women were induced to withdraw. Mrs. Wells' name remained until the last, but the party continuing to insist, she very reluctantly yielded, informing the committee that she did it under protest. On Nov. 5, 1895.