The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-06-09
LEGAL INTELLIG NCE.
supreme Court at Nisi Prius-Judge Shars- |
wood.
THE REGISTRY LAW.

THE REGISTRY LAW.
This morning Messrs. Bidde, Hrst and Phillips
appeared in court to argue the equity bill which we
mentioned few days SINCE the object of which is to
obtain decision as to the constitutionality of the
Mr.. Gibbons, the author Of the act, was present
but not having been employed by the defendants, the
various city officials, did not enter into the dis
cussiOn.
Under that article OF the Constitution which pro-
vides that elections shall be free and equal the con-
struction that find is that the election laws shall
also be free and equal. This act of Assembly seeks
to establish two distinct laws to govern elections in
different parts Of the commonwealth In the city of
Philadelphia the law provides that in a body of
Aldermen shall be placed the power of selecting and
appointing officers to conduct the elections; these
Aldermen regulate this matter for divisions in which
they do not reside being manfestly unfit to control
the election offices for those who are not their
neighbors. We see that in this city the
power of managing an election is given to the Board
of Aldermen, men who are professed politicians,
placed in office by political friends, and to this eX-
tent bound to their service while in other portions
of the commonwealth this power is given to the peo-
pie themselves. II there is anything unequal, if
ANYTHING is a lagrant violation OF the Constitution
it is this. Why, If a provision authorizing such
thing as this had been proposed to the convention
which revisedthe Constitution, it would not only have
been instantly rejected but would have been treated
with contempt. law like this could only be inau-
gurated in time OF great political excitement.
Another portion of the act says that boarders at
hotels, taVerns, and such establishments shall not be
placed upon the lists of the canvassers. There must
be in this city upwards OF three thousand such
houses, where hundreds and thousands Of unmarried
mechanics, clerks, and other business men live as
boarders, and these this clause seeks to dsfranchse
The right to vote is as strongly secured to every cti
by the Constitution as the right to his own house.
and this document cannot take it away.
Section 81 provides that the said register (made
out by the canvasser appointed by the Board of
Aldermen, political body shall be the only evi-
dence that the persons whose names are found
thereon have resided for ten days Immediately pre-
ceding the said election in the said division, and
voter whose name is so registered shall be chal-
lenged at the polls on any question OF residence
Now this law elsewhere provides that no person who
is not citizen shall be assessed, and no one not
gIn1IN hfg Iaf
proof Of his qualification. With the Constitution be-
lore our eyes, can this law stand? What is to be-
come OF the many who shall be assessed after the
close of the assessment lists, which, believe, is TO
be on the goth OF september?
Judge sharswood- Does this law say that none but
citizens can be assessed?
Mr.. Gibbons, who was listening to the argument
replied that it did
l think that is what Judges Thompson and Strong
decided last year.
Judge Sharswood-I think not
Mr.. Hirst then resumed. 1t declares that the
certificates of naturalization issued under the laws
of the United States cannot be considered as pritG
dce evidence of qualification. and 1t provides that
the canyassers shall meet eight days before the elec
ton, Just in the heat OF the political contest and
strike from the list the name Of any person in his
absence Why, what is the use in arguing thing
And Just think of stripping the entire people Of this
community of the right OF electng their own election
officers! The first time in two hundred years such
thing has been thought or
Mr. Phillips suggested the point that the alder
men belonged TO the judiciary department of Gov
ernment and cannot be compelled TO perform the
uniudical offices required of them by this law; and
If the act was sustained, the elections in this city
would depend upon men who are not bound 70 carry
il into operation; and also thatit cut down the list
of taXables and consequently curtaied the citys
legislative representation.
And Mr. Biddle likewise suggested the nlusory
erect of the 3ih section which provides that in the
case of persons between OF wenty-one and
twenty-three years OF age, the proof OF residence
shall be made, and may be disTegarded, though
made, and substitutes an alidayit of intention OF
future residence for the residence required by the
Constitution, coupled with the express provisions
of the 3Tth section, that the register shall be the
proof of residence for ten days prior to the election
and no voter whose name is thereon shall be uhal-
lenged at the polls on any question of residence.
MIR. Gibbons stated that he had expected TO have
represented the defendants in this matter, they
had intended TO have employed counsel, but they
understood that the argument would not be heard
until July l, and then by full BENCH and therefore
had taken no steps in the matter.
Judge SharswOOd said that could not have been
done unless he adjourned the case until the first OF
July, and then called In his brother judges ad-
vsors, a thing he had never done, and never intended
10 do. Sitting at Nsi Prius he was willing TO take
upon himself the responsibility as "A Nis Prius nudge.
lie would give the matter due consideration and if
| he considered the law unconstitutional he would
grant the injunction, giving the defendants ample
opportunity TO appeal and bring the matter before
full bench.