“It is a maxim with the Courts that statutes in derogation of the common law shall be construed strictly.”
Here, sir, we have the language of Judge Cooley himself. It is as clear as the noonday's sun, and he utterly repudiates the pernicious doctrine that the Constitution can grow and develop so as to mean one thing when it is adopted, and something else at another time. You can never inject anything into a Constitution by construction which was not in it when adopted. And you are bound, according to all rules of construction, to give it the construction which was intended when adopted. No man of common honesty and common sense dares to assert on this floor that it was the intent when the Constitution was amended to admit women as lay delegates. It follows inevitably that they are not constitutionally eligible, and to admit them is to violate the Constitution of the Church, which, as a Court, we are in honor bound not to do.
It has been asserted with gravity that the right to vote for a person for office carries with it the right to be voted for unless prohibited by positive enactment. This proposition is not true, and never has been. We have seen, when the Constitution and Restrictive Rules were amended, the intent was to admit men only as lay delegates. No General Conference can, by resolution or decision, change the Constitution and Restrictive Rules. Grant, if you please, that the General Conference, by its action in 1880, had power to make women eligible in the Quarterly Conference as stewards and class-leaders, this could not qualify her to become a lay delegate in the law-making body of the Church. The qualifications of lay delegates to this body must inhere in the Constitution and Restrictive Rules, according to their intent and meaning when adopted. It is fundamental law that where general disabilities exist, not simply by statute, but by common law, the removal of lesser disabilities does not carry with it the removal of the greater ones.
Legislation qualifying women to vote in Wyoming and elsewhere had to be coupled also with positive enactments qualifying her to be voted for, otherwise she would have been ineligible to office. This is so, and I defy any lawyer to show the contrary.
§3, Article I, Constitution of the United States, reads:
“The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof for six years. No person shall be a Senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of the State for which he shall be chosen.”
These and no other qualifications are worded or found in the Constitution of the United States touching the qualification of Senators. Is there a layman on this floor who will dare assert that under the Constitution of the United States women are eligible as Representatives or Senators? Words of common gender are exclusively used as applied to the qualification of Senators. The words persons and citizens include women the same as they include men. Nevertheless, in the light of the past, I am bold to assert, that any man who would dare stand in the Senate of the United States, and contend that women are eligible to the office of United States Senators, would be regarded by the civilized world as a person of gush and void of judgment.
Article 14, United States Constitution, §1:
“All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States, wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.”
(Tax case and what was decided.) (Mrs. Minor vs. Judges of Election. 53 Mo. 68.)