Raftsman's journal. [volume] (Clearfield, Pa.) 1854-1948, 1869-07-28

suARswOoD AND WILLIAMS.
Agnew, J. delivered the following opin-
ion in the case of Patterson ct al. VS.. Bar
low ct al, which decides that the registry
law is constitutional;
We regret that the necessity for an imme-
date decision in this case has allowed so
short time for the preparation Of our opin-
ion. and that the public character of the
question demands treatment too full to be
compatible with breyity.
The plaintiffs are private citizens, elec-
tors Of the Commonwealth, taxpayers, and
holders of real estate in the city Of Philadel
phia. Bv their bill they ask Us to declare
illegal and void an act of the Genera! As
senblv passed the 18th of April, 1869, sup
Elemental 10 the election laws of the Com
monwealth. and TO enjoin the Councils, AL
derrucn. Commissioners, Controller, and
Treasurer of the city from carrying its pro-
visions into effect The defendants deny
the standing of the plaintiffs as proper par
Ties and the jurisdiction Of the court over
the subject. In view of the danger to the
peace and quiet of the people if the cOnsti-
futionafty cf this law should be left in UNI
certainty, we shall pass by the question of
standing and jurisdiction in order to reach
the al-important one upon the validity of
the law. In passing them by We do not
mean it to be inferred that we have not
grave doubts of the rights of the plaintiffs
to represent the public, and of our own
jurisdiction to enjoin against one OF the po-
Iitical systems of the State in its entire
scope, because of the invalidity OF some of
It's provisions. We doubt the right of the
plaintiffs 10 call for an injunction beyond
that portion of the law which they, as pri-
vate citizens. can show to be injurious to
their own rights, and it is more than doubt
full how far. as private citizens, they can
inpung the law in its public aspects, and
ask Us to restrain its execution on public
grounds This is the only system to regu,
late elections intended by the Leg stature to
be left in force all laws supplied by it and
all inconsiStaut with it being expressly re-
pealed. If, as a court of equity, we can lay
our hands on the whole system. because of
the illegaiiJy of some of its parts, we can on
the eve Of any election, arrest the entire
political machinery of the Commonwealth,
which Is set in motion by general election
This is a stupeudous power; and to see its
true aspect, we have only to suppose the
act of 1899, and its supplements, to be still
in force, and that this bill is filed to enjoin
against it on the ground of the alleged ille
gllty of some of Its provisions As a
question of power, we should have the same
right to enjoin against it, and thus to stop
the wheels of government. See the State
e' Mississippi U.s. 4ndretc Johnson, 4 Val
hes
We come now to the important question,
whether the act OF l7ih of April last, called
the registry law. is constitutional? Ii is
admitted that the constitution cannot exc
cute it-e.i, and that the power to regulate
elections Is a legislative one, which has
a.way, been exercised by the General As
s2mty since the foundation of the Govern
ment The constitution appoints the time
oithr genera! election, prescribeS the quail
hcation, Of the voters, and enjoins the bal
lot. and Tor all the rest the law must pro
vide. The precincts and pla ces, the boards
OF election, the lists of electors, whether
cat.ela list Of taxables or registry of voters,
and the evidence of persons and qualifca-
tons, must all be prescribed by law. This
ua1el0ted legislative power is left by the
constitution to discretion unfettered by
RUE OF proviso. save the single injunction,
ilal elections shall be free and equal.
But To whom are the elections free? They
are free only to the qualified of the Common
wealth. Clearly, they are not free to the
unqualified. There must be meaus of dis
Insuishing the qualified from the uuquali
lsd and this can be done only by a tribunal
% decide. aud by evidence upon which a
aecison can be made. The constitution
does not provide these, and therefore the
legislature must establish the tribunal, and
Tue means of ascertaining who are, and who
aTe not the qualified electors, and must
designate the evidence which shall identify
anu prove to this tribunal the persons and
qualifications Of the electors.
how shall elections be made equal?
clearly by laws which shall arrange all
qualified electors into suitable dirtricts, and
make their votes equally potent in the cleo
Ton; 50 that some shall not have more
votes than others, and that all shall have an
equal share in filling the offices of the Com
nonwealth.
But how shall this freedom and equality
De secured? The constitution has given no
fule and furnished no guide. 1t has not
sad that regulations to effect this shall be