People ex rel. Ahrens v. English

15 L.R.A. 131, 139 Ill. 622
CourtIllinois Supreme Court
DecidedJanuary 18, 1892
StatusPublished
Cited by26 cases

This text of 15 L.R.A. 131 (People ex rel. Ahrens v. English) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People ex rel. Ahrens v. English, 15 L.R.A. 131, 139 Ill. 622 (Ill. 1892).

Opinion

Mr. Justice Bakes

delivered the opinion of the Court:

This is a petition for mandamus, filed in this court by the 'People of the State of Illinois, upon the relation of Mary A. Ahrens, against William J. English, John J. Healy and Luke ■ Covne, composing the board of election commissioners in and for the city of Chicago, in the county of Cook and State of Illinois. The material question involved in the proceeding is, Whether or not the act of the General Assembly of this State ■entitled “An act to entitle women to vote at any election held for ■the purpose of choosing any officer under the general or special ¡school laws of this State,” approved June 19, 1891, (Laws of 1891, p. 135,) confers upon the petitioner, Mary A. Ahrens, •she being a citizen of the United States, and a woman of the age of twenty-one years and upwards, the right and privilege • of voting at an election for county superintendent of schools.

Section 1 of said act is as follows: “Any woman of the. •age of twenty-one years and upwards, belonging to either of .the classes mentioned in article 7 of the constitution of the State of Illinois, who shall have resided in this State one year, in the county ninety days, and in the election district thirty ■days preceding any election held for the purpose of choosing any officer of schools under the general or special school laws ■of this State, shall be entitled to vote at such election in the school district of which she shall at the time have been for thirty days a resident: Provided, any woman so desirous of voting at any such election shall have been registered in the same manner as is provided for the registration of male voters.”

Section 2 of the act is as follows : _ “ Whenever the election •of public school officers shall occur at the same election at which other public officers are elected, the ballot offered by any woman entitled to vote under this act shall not contain the name of any person to be voted for at such election except such officers of public schools, and such ballots shall all be deposited in a separate ballot-box, but canvassed with other-ballots cast for school officers at such election.”

The words, “belonging to either of the classes mentioned in article 7 of the constitution of the State of Illinois, ” found in section 1 of the act, manifestly refer to section 1 of article 7 of the State constitution. That section of the constitution reads thus: “Every person having resided in this State one year, in the county ninety days, and in the election district thirty days next preceding any election therein, who was an elector in this State on the first day of April, in the year of our Lord 1848, or obtained a certificate of naturalization before any court of record in this State prior to the first day of January, in the year of our Lord 1870, or who shall be a male citizen of the United States above the age of twenty-one years, shall be entitled to vote at such election.”

There are three classes of persons “mentioned” in said con■stitutional provision,—i. e., those who were electors in the State on April 1, 1848, those who, prior to January 1, 1870, obtained certificates of naturalization from any court of record in this State, and male citizens of the United States above the age of twenty-one years. No averments are made in the petition that show, or even claim, that the petitioner belongs to either the first or the_ second of these classes. Indeed, it is plain, both as matter of law and matter of history, that there are no women who were electors in this State on the first day of April, 1848; and it is at least improbable that there are .any women in the State who are included within the second of said designated classes. It may be suggested, parenthetically, that if it be that women born in this State and country, and of parents who are citizens here, and not invested with the right of suffrage, it would probably be placing an unreasonable interpretation upon this second specification of legal voters, and upon the statute under consideration, to hold that they conferred the elective franchise upon women of alien birth who obtained certificates of naturalization in courts of this State prior to January 1,1870. The qualifications prescribed for a voter of the third class are three. The voter must be a citizen of the United States, a male, and above the age of twenty-one years. The theory of the petition is, that the petitioner, although a woman, is, by virtue of the act under examination, entitled to vote for county superintendent of schools because she is a citizen of the United States, is of the age of twenty-one years and upwards, and has resided in the State one year, in the county ninety days, and in the election district thirty days.

The act makes direct reference to “the classes mentioned” in the constitutional provision, and thereby reads into the act the designated part of the constitution. If the language of the act and the words of the constitution thus incorporated therein are construed literally, they would seem to indicate that it was the legislative intention to confer upon women the right to vote at any election held for the purpose of choosing any officer of schools under the general or special school laws of the State, provided such women are males. A construction that would lead to such an absurdity is wholly inadmissible. A statute is to be interpreted according to its true intent and purpose, and its strict letter must be made to yield to the obvious intent. Words which are meaningless or inconsistent, with the intention otherwise plainly expressed in an act, may be rejected as redundant or surplusage. (Sutherland on Stat. Construction, see. 260.) Here, the word “male,” read into the statute from the constitutional provision referred to therein, is repugnant to the language of the statute both preceding and following the part where such reference is made, and is wholly inconsistent with the entire scope and manifest intent of the act. The evident intention of the legislature was to give women the right to vote at the election of public school officers, provided they are twenty-one years of age and have resided in the State, county and election districts the respective lengths of 'time required, and .have been registered in cases where the registration of voters is provided for.

Section 5 of article 8 of the State constitution provides: “There may be a county superintendent of schools in each county, whose qualifications, powers, duties, compensation, and time and manner of election, and term of office, shall be prescribed by law.” It is thus perceived that mention is made in the constitution, of the county superintendent of schools, and that it is indicated therein that he or she is to be selected at an “election.” We may assume that said provisions for such officer, and for his or her election, did not become operative by force of the constitution itself, and without aid from an act of the legislature. But the legislature having, in 1872, under and in furtherance of this constitutional provision, enacted a statute which provided for such an officer as a county superintendent of schools in each and every county of the State, it must be regarded that such county superintendent is to all intents and purposes a constitutional officer.

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Bluebook (online)
15 L.R.A. 131, 139 Ill. 622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-ex-rel-ahrens-v-english-ill-1892.