The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-07-02
LEGAL INTELL1GENCE.
Supreme Court In Bnnc-ChIef Justice ThOmp-
son and Judges Read, AgRew, SIAarswOOd,
and Williams.
THE REGISTRY LAW


cison Of Judge SharswOod az Nlsi Prus, declaring
the new election law unconstitutional and void
The appellants were represented by Charles Glib
bons, William NJ Meredith, Moses A. Dropsie, and
J. Alexander Simpson; and the appellees by William
l.. llirst and Henry NJ. Phillips, Esqs.
On the part of the former the argument was based
upon the three following positions;-
/. Have the plaintiffs any standing in Court?
2. Has the Court any jurisdiction of the subject
matter?
3. Is the law unconstitutional
They maintained the negative OF the first two ques
tions and the affirmative OF the third, being confident
that If they established either, the decree OF the
Judge at Nisi Prius would fan, and expecting to
establish all.
In the first place, the law was a public one. The
orators explained TO the Court their version OF the
intent and obvious effect OF the statute, done
before the Court OF Common Pleas by Mr.. Gibbons,
the author of the law upon the application OF Demo-
cratic assessors for Instructions The provisions Of
the act operated upon the members OF the Legsla-
ture, who passed 1t, upon the Governor, who signed
il, upon the members OF this Court who were asked
to destroy it, upon the plaintiffs and defendants In this
case, upon every citizen in the commonwealth then,
who were these plaintifis who claim standing be-
fore the Court in this case? They called themselves
electors, but Of what class was not stated They
styled themselves taxpayers, but failed TO say
whether they owned their dwellings or held them by
lease; they alleged that their taxes would be in
creased by this act but did not say in what manner
or how much; they complained that they feared
this act would infringe upon their rights as
electors, but again failed to explain how they
charged that the act imposed upon judicial officers
duties not Judicial, but this was none OF their busi
ness, for these very officers were defendants in this
case, and were asking for no relief from the Court
Then by what right did these six plaintiffs come here
and ask this Court to exercise the tremendous power
of destroying law solemny enacted by the legisla-
tive body? Who constituted them the agents OF the
whole commonwealth, or OF this community, to nle
a bill in equity praying the destruction of law that
affected the rights and property OF every ctzen and
which the community had long prayed for?
The principle announced by this court was that the
party applying for equitable relief in order to have
any standing should show some direct special injury
suffered by himself; aud an injury being suffered by
community would not sufiice. In the case OF
public injury private party cannot apply Tor relle
but such application must be upon bill hled by the
proper Ofiicer, the Attorney General.
Second POnt-As to the jurisdiction OF the Court
The regulation OF elections belongs exclusively to
of 16S3 in the clause hereafter cited It was so de-
clared by the 18th section OF the Constitution Of
lII6; also by the last paragraph OF the 3st section
The same constitution limited the chancery powers
OF the Supreme Court to the perpetuation OF tes-
within the State and the care of persons aud estates
OF those who are 1,o1. contpos nientis, "and such
General not With THIS ~ co
stituton." (Secton PAY The Constitution OF 100
SO stands the Constitution now It is plain that no
power existed in the Court to intermeddle with cleo
tion laws. Such a power conferred would have
held their Offices for life They could have pre-
vented elections from being heId by setting aside
Bill of Rights OF 1T76 made provision against legs-
lative or executive oppression:--
vi. ''That those who are employed in the legisla-
tive and executive business of the State may be
strained from oppression, the people have right at
their public officers TO private station and supply
the vacancies by certain and regular elections"
- The enlargement OF the chancery powers OF the
confer jurisdiction, political in its character and
dangerous to the liberties OF the people
Third point. Is the law constitutional?
The Importance Of this point is greatly increased
by the fact that the law in question repeas all other
election laws. Unless this statute be good, the State
is without an election law.
The opinion OF the Court below is founded almost
exclusively mistaken idea of the meaning of the
clares "that all elections shall be free and
tS mean that all election sws shall be- uniform
throughout the State There is no authority to be
found anywhere for such construction. AS applied
TO elections, the word free has never had but one
meaning in Pennsylvania. 1t means the right Of an
elector to vote without unlawful obstruction, intim
agreed upon in England in 1852 in that sense =
'Jhat all elections OF members or repre-
sentatives of the people and freemen OF
the Province OF Pennsylvania, to serve in
Provincial Council, or General Assembly, to be held
and that the elector that shall receive any reward
gift in meat drink, moneys, or otherwise, snail Tor
elt ms right to elect; anu sucn person as snail III
such reward as aforesaid, to be elected shall forfeit
his election, and be thereby incapable to serve as
The great law of Chester, passed by the Assembly
ON the 10th OF the Ith month, 1852, uses the same
words and in the same sense. Hazards Annals,
693, section &c.
They are found in Bill of Rights of l776, section l.
Conventions OF Pennsylvania, p. 56l Also the 32d
section Of the Constitutional that year, folows% -
Section 80. All elections whether by the people or
voluntary; and any eectOr who shall receive any
gift or reward for his vote IN meat, drink or moneys
otherwise shall forfeit his right to elect for that
asi % future " laws % shall :direct And ' any % person.
who shall directly or indirectly give, promise or be-
stow amy such rewards to be elected, shall be there
| by rendered incapable to serve for the ensuing
! year" Conventions OF Pennsylvania, page so. See
| also Dali. Laws, 351 ; sections 26, ~.
AS to equality Of elections. This has always been
understood TO mean equality In representation. IL
is SO used in the 10th Article OF Charter OF $685.
''And that the representatives of the people in
provincial council and assembly may in after years.
/ bear some proportion with the increase and multi
plying OF the people, the number OF such represent
tatives OF the people mag be from time to time in
creased and enlarged, so as at no time the number
exceed seventy-twO for the provincial council, and
two hundred for the assembly; the appointment and
| proportion Of which number as also the layng and
methodizing of the choice OF such representatives
in future time most equally TO the division of the
country or OF the Inhabitants is left to the Governor
and provincial council to PROPOSE and the Assembly
TO resolve that the order OF proportion be strictly
observed, both in the choice OF the council and the
| on and come in yearly"
Conventions Of Pennsylvania, page %, sectien l6,
See also nth and 18th sections OF Constitution Of
| 1876.
9Th section of the Declaration OF Rights, where they
are placed in jnXta pysition thus;-
In the convention OF 1sSs-30 there was an attempt
to amend this section by introducing the words fol-
| Owing:--
TThe election laws shall be uniform throughout
the State, and no greater or other restrictions shall
| be imposed on the electors in any city, county, OF
| district than are imposed on the electors Of every
| other city, county, and district"
This proposed amendment embodied the whole
| ground OF Judge Sharswoods opinions at Nisi Prus
| It was intended to destroy the Registry law theT
existing in Philadelphia. The convention, by a vote
Of 90 to AZ refused to entertain the proposition an(
the section was adopted just as 1t was found in the
Constitution Of 1890.
II this act is Unconstitutional and the reasoning o.
Judge SharswOOl sound nearly all the election law