Board of Election Commissioners v. Knight

117 N.E. 565, 187 Ind. 108, 1917 Ind. LEXIS 5
CourtIndiana Supreme Court
DecidedOctober 26, 1917
DocketNo. 23,375
StatusPublished
Cited by15 cases

This text of 117 N.E. 565 (Board of Election Commissioners v. Knight) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Election Commissioners v. Knight, 117 N.E. 565, 187 Ind. 108, 1917 Ind. LEXIS 5 (Ind. 1917).

Opinions

Spencer, C. J.

— The general assembly of 1917 passed an act which purports to grant to women of the state the right to vote for certain public officers and at certain élections. Acts 1917 p. 73. It also passed an act concerning the registration of voters generally, of which §12, in effect, undertakes to provide for the registration of women as a condition precedent to their exercise of the right of suffrage. Acts 1917 p. 443. Subsequently to the passage of these enactments, appellee, as a citizen, voter and taxpayer in the city of Indianapolis, instituted this suit in his own behalf, and in behalf of other voters and taxpayers similarly situated, to restrain [111]*111appellants, as members of the boards of registration and election commissioners, from performing certain acts required of them by the above legislation in connection with a municipal election to be held in the city of Indianapolis on November 6, 1917. It is his contention, briefly, that under the Constitution of the state the right of suffrage may not be extended to women, and this appeal is taken from a decree of the Marion Superior Court which sustains in substance the prayer of the complaint.

1. Preliminary to a consideration of the case on its merits, we are required first to pass on appellant’s assertion that the trial court had no jurisdiction to determine the issues sought to be presented, for the reason that the alleged unconstitutionality of a law is not alone sufficient to authorize the granting of equitable relief against its operation. 14 R. C. L. 435, §137. Conceding this general proposition, the rule is equally well established that where, as in this case, it is alleged and proved that á compliance with the provisions of the legislation in question would necessitate a considerable expenditure of public funds, the taxpayer may, through the aid of a court of equity, secure an early interpretation of the law and thus, on proper occasion, forestall an illegal expense. Bennett v. Jackson (1917), 186 Ind. 533, 116 N. E. 921; Ellingham v. Dye (1912), 178 Ind. 336, 413, 99 N. E. 1, 99 N. E. 29, 231 U. S. 205, 58 L. Ed. 206, Ann. Cas. 1915C 200.

We pass, then, to a consideration of the principal issues presented and find that, in a broad sense, they may be resolved into an inquiry as to whether the general assembly has the power, under any circumstances, to extend the right of suffrage to persons not included within the provisions of Art. 2, §2, of the Constitution. The inquiry thus suggested, although of vital importance, is purely one of constitutional interpretation, and, [112]*112no matter how we may feel or think as to the principle of universal suffrage, the solution of the question before us may not rest on or be influenced by considerations of social policy or political expediency, but must be reached in strict accordance with recognised canons of constitutional construction. In the exact form which it now takes, the issue is largely one of first impression, at least in this state, although, as will be noted later, this court has previously had occasion to announce certain principles which are applicable to the present inquiry and which affect its solution in some degree. The section of che Constitution now under consideration directs that: “In all elections not otherwise provided for by this Constitution, every male citizen of the United States, of the age of twenty-one years and upward, who shall have resided in the state during the six months, and in the township sixty days, and in the ward or precinct thirty days, immediately preceding such election, and every male of foreign birth, of the age of twenty-one years and upwards, who shall have resided in the United States one year, and shall have resided in this state during the six months, and in the township sixty days, and in the ward or precinct thirty days, immediately preceding such election, and shall have declared bis intention to become a citizen of the United States, conformably to the laws of the United States on the-subject of naturalization, shall be entitled to vote in the township or precinct where he may reside, if he shall have been duly registered according to law.” Constitution, Art. 2, §2.

As appellants concede, the above provisiones mandatory to the extent that it precludes the legislature from modifying its requirements or from imposing on persons therein designated any additional qualifications which shall be prerequisite to their exercise of the right of suffrage. State v. Shanks (1912), 178 Ind. 330, 333, [113]*11399 N. E. 481; Morris v. Powell (1890), 125 Ind, 281, 25 N. E. 221, 9 L. R. A. 326; Quinn v. State (1871), 35 Ind. 485, 9 Am. Rep. 754.

2. But the contention is made that as neither this nor any other section of the Constitution expressly prohibits the legislature from extending the franchise to classes of persons other than those above enumerated, the exercise of that power is within the purview of Art. 4, §1, which vests the legislative authority of the state in the general assembly. This contention rests on the well-established principle that, except as to limitations imposed by the state or the federal Constitution, or by laws or treaties enacted or adopted pursuant to the provisions of the latter instrument, the legislative powers of the general assembly are practically absolute. Beauchamp v. State (1842), 6 Blackf. 299, 302. The extent to which this principle is operative finds expression in the rule that if a legislative enactment is properly within the constitutional grant, the courts may not declare it invalid on the ground that it is wrong or unjust, or violates the spirit of our institutions, or impairs rights which it is the object of a free government to protect. Townsend v. State (1896), 147 Ind. 624, 634, 47 N. E. 19, 37 L. R. A. 294, 62 Am. St. 477. At the same time, to adopt a statement made by Chief Justice Marshall in Fletcher v. Pack (1810), 6 Cranch 87, at page 135, (3 L. Ed. 162): “It may well be doubted, whether the nature of society and of government does not prescribe some limits to the legislative power.” That doubt has received affirmative recognition by the courts under varying circumstances, but we are not especially concerned at this time with the doctrine of implied limitation on legislative authority, in view of our conclusion that the authority of the general assembly to enact the law in [114]*114question is necessarily inhibited by Art. 2, §2, of the Constitution. As was decided in Gougar v. Timberlake (1896), 148 Ind. 38, 40, 46 N. E. 339, 37 L. R. A. 644, 62 Am. St. 487, the right of suffrage is not a natural or an inherent right, but a political privilege, and it is held only by those on whom it is bestowed, either by virtue of express .constitutional grant or through authorized legislative provision. The question is primarily one for the consideration of the people in their capacity as creators of the Constitution, and is never one for the consideration of the legislature except in so far as that instrument clearly sanctions an extension of the elective franchise or permits a regulation of its mode of exercise. Morris v. Powell, supra; Minor v. Happersett (1874), 88 U. S. (21 Wall.) 162, 173, 22 L. Ed. 627; Coggeshall v. City of Des Moines (1908), 138 Iowa 730, 737, 117 N. W. 309, 128 Am. St. 221, 6 R. C. L. 287, §273.

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Board of Election Commissioners v. Knight
117 N.E. 565 (Indiana Supreme Court, 1917)

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Bluebook (online)
117 N.E. 565, 187 Ind. 108, 1917 Ind. LEXIS 5, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-election-commissioners-v-knight-ind-1917.