The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-09-18
LEGAL INTELLIGENCE.

District Court-JUdges Sharswood Stroud.
and Hare.-ln this Court the motion lists occupy
Court of Common PIeas-Judges Allison
and Pierce this Court also, the motion lists are
still up.
Decision of His Honor Judge Ludlow in
Regard to the Questions Propounded
on Saturday, Touching the Payment
of Taxes and Printing of Tickets for
the Next Election.
Court of Quarter Sessions-Judge Ludlow
BY the I'd section of the act of Assembly approved
the 18th Of April, A ID. 1855. it is provided "That
from and after the passage of this act 1t shall not
be lawful tor any alderman OF said city to receive
Geputed bv the Receiver Of Taxes OF ssd cty ans
no receipt for the payment of taxes heretofore
eiven by any alderman shall be taken evidences Of
the payment Of any such tax by the election Off.
GERS of any election district OF said city,
After providing that the Receiver OF Taxes shan
appoint at least one person In each of the wards Of
the city receive polltaxes for citizens assessed,
that act further declares that "sad deputies SHAH
be required TO collect both city and State taxes from
the citizens assessed either the regular or extra
assessments, unless he shall make oath or afrma-
ton that he is unable to pay both, and not then
unless he shall have paid at least one OF said taxes
| acith'n fourteen months next previously"
Under h TINS sct OF Assembly the following question
care the provisions of the late act of Assem- Div an
nIliing the legal effect OF tax receipts Of aldermen
ment OF both State and county tax, in conflict with
The Constitution of this Commonwealth Art z.
sec pprovides that ".every white freeman" Of the
requisite age and residence, who shall have ''wthin
X,
have been assessed at least ten days before the cleo
| ton, shall enjoy the rights of an elccGor."
alter the fundamental law of the State Amy white
| freeman, therefore, who is otherwise qualified to.
vote, has the right so to do provided he has paid
any provision in this act conflicting with this right
is clearly unconstitutional, and is absolutely void
The Constitution having declared that the citizen
! shall pay within two years a State or county tax
in order that he may be qualified to vote. NO
| act OF Assembly can be constitutional which
deprives the citizen of the right to pay either
| a State or county tax. And it is the duty
sses s sSG receipt Taxes os ena er his .ss
| county tax, Notwithstanding any provision con.
tanned in the aot of Assembly OF the 17th of April.
| 1866, and any OF the provisions of said act which
interfere with the constitutional right of the citizen
to pay the State or county tax, duly assessed for
The Legislature have no wever, declared that tax
receipts heretofore given by Aldermen shall not be
extent, the effect OF this enactment is to repeal a
clause Of section 60 OF the act OF yply 1889 which
payment of the tax In question.
But it does not repeal any other part of that Sec
tion and citizen otnerwso aIane6 TO vote may
ton 65 of act Of July 1881 either on his oath
affirmation, or Me cath or affirmation of another,
or by the production OF receipt for taxes paid at
| any time to the Receiver of Taxes or his deputies
appointed under and by virtue Of the act approved
| county tax dulY ASSESSED wi hin two years ~
1t is for the Court to determine the propriety
of the provision in question: bur only its constitt-
tonaty. If destroyed the right to prove tine pay
] ment we should have no doubt of its unconstitu-
tOnalitV. This act does do so, but simpy regI.
| lates the method of proof
PRINTING TIoKETs.
| To the second question propOunded, TO wit,
"Shall the city officers be printed with the county
ticketr" we answer, no; for although the city off,
GERS are named in the act approved March 49, 1866,
they are clearly within its spirit. THIS ticket should
therefore be separately printed written, should
be Labelled City" and be deposited IN a separate
ballot-boX.
To the third question propounded, to wit Must
the word officers be PRINTED on lthe outsider we
answer, mo" "One ticket shall embrace the
names of all judges OF courts voted for" and be
| labelled outside Judiciary" One ticket shall
| embrace the names OF all State officers voted
| for, and be labelled 'State." One tIoket shall
embrace the names of all county officers voted
for, including the names OF Senators, member and
members Of Assembly, If voted Tor, and members OF
Congress, Il voted for, and be labelled "COuny 20
and one ticket shall embrace the names of all city
officers voted Tor. and be labelled getty" 1t is, n
may be well to add, the expire Nvlsien of the act
of Assembly In relation to of tickets.
which Is that leach class sh IN sepa-
rate ballOt-DOXes -
William Brown and c n
with the larceny of shoes
at $1S4, the property
| was alleged that these
porter OF Graf, WatF
DAYS Afterwards the
sell them at halt the
The defense aleI
| the articles. The
| and when he can
| received the sh
| named Smith
| could not be
| eat