The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-07-07

It's purpose to exclude this frau iulen ,Ienen
fixed cone personally ReorI IN the p0ps5
requires Of single men clerks iourneymen and transient
bcarders greater vigilance 10 their sufag but
by the necsssy which rcanScd IT, to
m SnG s G1eL Ro money! SgotGTs nss o b
orbids this to be exercised according TO the exgen
locality constantly changing and men are often Sn
m floating upon the rivera and the se going and returning
and incapable Of Identification where low inns restraa
Of fraudulent additions the lists voters what rule of
sound Of law forbds theLegsature
from providing to distinguish the honest people
of Philadelphia from the rogues and who would
understand the reasoning which would deny the Leg
Is 70 the $ o@ ho TSe
S ES s e Ses e sodo on
equality must also deny the power torepress the social
that all men are free and equal aud Independent
powc to eesate the subject elections determine
their duties carries with the 70 prescribe the ev
The is in assuming that the true electors
means Of proving tSer identity and their aGaeSons
h might as well be argued that the old law was unconst
STse e % I S q h GS and y 70 @ e
eed9Crs BY making Up the lists 50 that all without
n sf $ I peaT aa9 n a
within the districty
In connection with this subject another feature
as gu he Rood Si %
hardship is not the test of the constuonality of law
This case harder than the law which requires will
his precious right of dsposng of his property
same purpose protection One would protect electors
against fraudulent voters the other would protect
Another complaint made of unconsitutonality the
list the names Of all ungoaied persons if due in
@ b in b nbse S S e tbey eSn ny Do
this on the testimony of at least two reputable citizens
The argument is that the law is unconstitutional be-
hy he ae no n to Strike off
qualified voter and if they do he has remedy to
legal tribunal established to decide on evidence Of quail
due and proper mode and decide suicient evidence
But lay SSn be iron no when the
the acting under may make mItS69f 6 or even zen
aside upon such argument The language of Oh. j,
Msrsh1 may be again referred to on on this his point
the proof Of tho of electors is the day Of cleo
pete and from the nature cue Of facts this cannot be
shown before Grant it but this position is taken in mis-
day. the election day, the Election Board sits to receive
GSn G @ % then
IN 6e an Copstution orbids the means to be pro
yded beforehand which furnishes evidence of the fact?
days before that that the person offering his
na TSs 6 y y % 20 no t
good evidence that his residence actually began in the
district there ten days before the election
on the contrary tends it. i is better evidence
than the testimony of irresponsible and base perurer
,"iS RSs some
of those unounded and malicious objections to his vote
made by of either side Here the legal proof
uonal time. What better proof can there we'll be OF
sona Of the eegtor t6at day claiming 6s
vote. with his ballot in one hand and the register in the
residence arising from such proof is violent =.
But Is unnecessary to discuss this subject Mt greater
made this opinion already long Enough has been said
show that free and equal elections the true end to
be secured and that the of laws regaatng the
system Of regulation is the subject of legislation over
tioni that no clause in the Constitution
according the obstacles which different localities pre-
prevent FREQ and equal election and that it s
Tree and equal election which it is the object OF the egGa
ton secure We have also shown that of the fea
Ss city, and that is the only test Of the
of any provision % contained % II IN % the Law; Mill
destroy 1t is that centiousness that aduterous freedom
cutcass from home and honest industry; men without
citizenship and stake in the Governments who will
this the purpose of this law and it should have the aid
fair OF all parties TO give it fair trial and secure
what system devised by the wit OF man has not y
but its defects % ii any shTHd be remsdied as they
tiona 1t OF the political system of the State
whole system grounds of hardship for defects
Of the letter or very spirit Of the Constitution
The decree of the Court of Ns Prus is reversed, and
for further proceedings
The Dissenting Opinion.
When the reading of the opinion had been con-
Guided, Chief Justice Thompson said:-
Judge Sharswood and myself desire dissent
decision. think the opinion, respectable it is in
shak the opinion of brother Sharswoo1
say that intend to write dissent and le It as soon S
have opportunity to give the subject full and
SO weiI expressed by my brother Sharswood.
The Court then adjourned.