The Bedford gazette. [volume] (Bedford, Pa.) 1805-current, 1869-07-16

mentally different, and If the position
hereinbefore assumed be sound, that
the declaration of rights in ordaining
that elections shall be equal, means
that the laws upon this subject shall
operate equally and uniformly upon
all classes Of citizens and upon all parts
of the State, then this act is unconsti-
tutional
But elections are to he free as well as
eqdal. BY the freedom Of elections I
understand not only that the voters
shall have free access to the polls in or
der to exercise their franchise without
intimidation by threats or physical
force, employed in the language of the
act of July ,, 1889, section 10 (Pamph
Il, 543), 'to influence unduly or over
awe any electOr, or to prevent
him from voting or restrain the free
dom of choice" but also that full and
free opportunity shall be afforded to ev-
cry person who is able to do so, to OBJ
tain the qualifications made requisite
by the provisions of the Constitution in
order that he may enjoy the rights of
an elect0r, and that no regulations shall
be enacted whose object or tendency
shall be to impair or necessarily en-
! barrass such acquisition, much less un-
| der the pretence of regulation to pre-
vent it altogether. | will not stop to
prove this proposition; to my mind il
| is seIf-evident. 1t would be in vain for
| the Constitution to declare that all per-
| sons, who have complied with certain
prerequisites, shall enjoy the right of
| electors, if the legislature can by law
| exclude them practically from such
compliance.
nf Of A
| 1869, which relate to the city of Phila-
| delphia, do this effectively as to a
! large class of persons, though whether
large or small matters not. The first
| section Of the third article of the Con-
! stitution, in declaring that SIN elec-
| tions by the Citizens every white free
/ man Of the age of twenty one years
| having within two years paid a state
| or county tax which shall have been
assessed at least ten days before the
election, shall enjoy the right of an
| electon," provides in effect that every
| such citizen shall have a period of
| time up to ten days before the elec-
ton to procure himself to be as
! sessed. If the legislature cannot diff
| rectly enlarge or abridge this time,
| neither can they indiectly accomplish
! VIC odllS tiilIS ny dppOlhtlhS q hllOiN
/ ent day for the closing of assessments.
! BY the twenty-eighth section of the
act of April II, 1869, it is expressly en-
acted that "no extra assessments shall
| be made in the said city after the twen-
tieth of September in any year" This
| day so determined positively as the
| lastday upon which assessments can be
| made, must be seventeen and may be
/ twenty-four days before the second
| Tuesday in October Thus the space
| of time allowed by the Constitution
| for assessment has been manifeStly a
| bridged from seven to fourteen days.
| If it is competent to the legislature to
| do this they might, with equal show of
right, enact that all assessments shall
/ close six months before the election,
and thus practically return to the Con-
| Stitution of 1890, in disregard of ttTe a.
mendment of 1899. This is as effectu-
ally to override and trample upon the
fundamental law as if they had under
| taken to alter its terms. 1t Will be
| seen at once that all those who from
sickness or temporary absence from
home, want Of knowledge, or other cir
! cumstanees, have not been able to
make personal application TO be assess
ed on or before the twentieth OF Sep
tember are precluded from the exer-
else of the elective franchise, unless it
should happen that they have been as
seSsed at some previous period. 1t
cannot help q person to attend before
the division CanVa5Ser on the tenth
day before the election, for they have
no power to assess Il tax, nor can they
by the express words of the act, place
his name on the list unless he shall
| produce a receipt for the payment of a
State or county tax, assessed agreedbly
TO the Constitution.
The argument for the uncOnstitutiOn-
ality of the act might we'll be closed at
this point. But there are some other
provisions which think ought to be
particularly noticed.
In making out the original diviS-
ion transcripts, before the first day in
June in every year, the assessors are
required to classify the electors under
the following heads, to wit: l. Private
house holders. ,. Private residents,
(which suppose, includes bOarderS at
private boarding-hOuSesl. 3. Keepers
of hotels, taverns, sailors boarding
houses, or restaurants. sin making
out the said lists the assessors shall not
place thereon the name of any person
boarding at any hotel, tavern, sailors
boarding house, or restaurant, or the
name of any person who is not a quail
fed elector, having a fixed residence in
the division" After this positive
prohibition. we would naturally eX-
pect to find somewhere as positive
direction to place the names of
these persons on the extra assessment
list, or the list of the division canvass
ers upon their personal application,
and making their qualification to APP
pear. The Constitution certainly does
not exclude them. 1t does not require
fixed residence, whatever may be
the meaning Of that term. Admit
however that they have the right to be
placed on these subsequent lists, under
The general words of the act-What is
the evidence, which they az well as all
others, whose names are design
edIy or accidentally omitted from
the division transcripts, are required to
produce? Ia addition to his own oath
or affirmation, the claimant must prove
by the affidavit of two qualified electors
of the division, whose names are con-
tanned on the assessors division tran
scripts under the head of private house
holders, that he is personally known to
them, that he is bona .hde resident of
thedivision and that they verify believe
that he will be qualified voter, enti-
tied tG vote in the said division at the
next general election, Sections %, 81,
80. Thus not only boarders at hotels,
tayers, sailors boarding houses and res
taurants, who must make this proof,
but residents with private househol-
ders, their sons, other relations, friends
and servants, and also boarders in pri-
yate boarding houses, whose names
may be designedIy or accidentally o.
mitted, have this unusual, invidious
and burdensome kind of evidence cast
upon them. They cannot avail them
selves OF the testimony of the keeper