offer their votes, when it
appeared that they were women--that they were of the female sex--the
power and authority of the inspectors was at an end. When they act upon
a subject upon which they have no discretion, I think there is no
judicial authority. There is a large range of discretion in regard to
the votes offered by the male sex. If a man offers his vote, there is a
question whether he is a minor--whether he is 21 years of age. The
subject is within their jurisdiction. If they decide correctly, it is
well; if they decide erroneously, they act judicially, and are not
liable. If the question is whether the person presenting his vote is a
foreigner or naturalized, or whether he has been a resident of the state
or district for a sufficient length of time, the subject is all within
their jurisdiction, and they have a right to decide, and are protected
if they decide wrong.

But upon the view which has been taken of this question of the right of
females to vote, by the United States Court at Washington, and by the
adjudication which was made this morning, upon this subject there is no
discretion, and therefore I must hold that it affords no protection.

In that view of the case, is there anything to go to the jury?

MR. VAN VOORHIS: Yes, your Honor.

THE COURT: What?

MR. VAN VOORHIS: The jury must pass upon the whole case, and
particularly as to whether any ballots were received for representative
in Congress, or candidates for representative in Congress, and whether
the defendants acted wilfully and maliciously.

THE COURT: It is too plain to argue that.

MR. VAN VOORHIS: There is nothing but circumstantial evidence.

THE COURT: Your own witness testified to it.

MR. VAN VOORHIS: But "knowingly," your Honor, implies knowing that it is
a vote for representative in Congress.

THE COURT: That comes within the decision of the question of law. I
don't see that there is anything to go to the jury.

MR. VAN VOORHIS: I cannot take your Honor's view of the case, but of
course must submit to it. We ask to go to the jury upon this whole case,
and claim that in this case, as in all criminal cases, the right of
trial by jury is made inviolate by the constitution--that the Court has
no power to take it from the jury.

THE COURT: I am going to submit it to the jury.

_Gentlemen of the Jury_:

This case is now before you upon the evidence as it stands, and I shall
leave the case with you to decide--

MR. VAN VOOR