Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1869-06-23

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Supreme Iouu al Aisi Ft1ws---iudes
Shdrsc0od In the case OF Patterson
ct al vs. the various city officers, which
was brought TO test the CONSTITUTIONAL
~ ofthe new Registry law, Judge shars-
wood on the 10th, delivered an opinion
declaring II unconstitutional and void.
The decision was based principally
upon the distinction made BY the act
between the rules IL provides for the
State at large and for the city, making
elections not free and equal IN the city,
opposing distractions 10 the way of
free and equal voting, aud in other
portions Of the State offering facilities
10 that purpose.
In the course OF the opinion tho
following points were presented as
showing clearly the "iilegalty" of the
act -
l. By the general system, meaning
that provided for the State generally,
tho officers OF the election are chosen,
as heretofore, by the electors of each
election district. In Philadelphia they
are to be appointed by board com
posed Of the aldermen Of the city,
persons chosen by the several wards
for the performance of entirely diff
fcrent duties.
2. BY the general system, the asses
sors are bound 10 assess all persons
claiming that privilege at any time UP
to the tenth day before the election.
In Philadelphia no assessment can be
made after the goth day Of September
in every year.
3. BY the general system the asses
sors are bound TO assess all who claim
a right TO. vote. ID Philadelphia they
are to assess only those who are quail
fed voters at the time of the assess
ment, aud must annex their affidavits
to the lists that every person whose
name is contained therein is a qualified
eiector, having fixed residence in the
division, to the best Of their knowl-
edge and belief
4. By the general system a person
whose name is not on the assessors
list may prove his qualification on tho
day of election at the polls. In PhiIa-
delphia he is required TO make such
proof at least ten days before the
election, and to different tribunal,
the division canvassers.
5. By the general system the eIaim-
ant OF vote may prove his residence
by any one qualified voter of the dis
trict. In Philadelphia he is required
to make such proof, in addition to his
own oath or affirmation, BY the affida-
Wit of two qualified voters of the divis-
ion, whose names are contained on
the assessors division transcript under
the head of private householders.
6. BY the general sysrem,..in order
to prove the payment Of taxes, the
tax receipt need not be produced, If
the affiant shall state 10 his affidavit
that it has been lost or destroyed, or
that he never received any. In Phil.
adelphia, If his name is not on tho
original assessors list, the tax receipt
must be produced in addition to proof
made by satisfactory evidence that
the tax has been paid TO the proper
person authorized TO receive IT,
I. BY the general system, the asses
sors arc to place upon their list and
assess all persons claiming n right 10
vote, without any regard to their con-
dition and station in society. In Phil
adelphia they are forbidden to assess
originally any person boarding at any
hotel, tavern, sailors boarding house,
or restaurant, or any person who has
not fixed residence in the district.
9. By the general system tine right
Of any person claiming TO vote may
be challenged at the polls on the
ground of residence, by any quail
fed voter. In Philadelphia no voter
whose name is registered can be chal-
lenged at the polls on any question of
residence.
o. By the general system, persons
Of foreign birth, who have declared
their intention to become citizens un-
der the act OF Congress, and who de-
sign TO be naturalized before the next
election, may be assessed. In Phila-
delphia no one not actually naturalized
on or before the Goth of September
can be assessed.
No one would pretend to say that
these were not matters of fundamen-
tai importance, and in direct violation
Of the Constitution. The act is, there
fore, declared void and of no effect,
and the injunction to restrain the VA
rious officers from carrying it into
operation is granted.