The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-06-19

1t is Declared UnconstitutionaI.


supreme Court at Nisi Prius-Judge shRrswOod. |
in the case of Patterson ct al va the various CITY
officers, which was brought to test tne cOnsIlJu.
tionaty Of the new Kegsy ISL ySnn;oS & eeaTnS Il un
constitutional and void The decision was Daseu prn
cpay upon the distinction made by tne act zen
the city, making elections not free ana unequa III
the city opposing distinctions to the way OF s taee
and equal voting ana IN 0tner PORTIONS vi 'H' '''''
In the course OF the opinion the following Ro,unSss
were presented as showing clearly the hleeaA'S VI
i. BY the general system, meaning that provided
for the State generally, the officers OF the election
are chosen as heretofore, by the electors of each
election district In Philadelphia they are TO be ap-
pointed by q board composed of the aldermen OF
the CITY persons chosen by the several wards Tor the
performance OF entirely different duties
d By the general system the assessors are bound
TO assess ali persons claiming that privilege at any
time up to the tenth day before tine elecuon. IN
Philadelphia no assessment can be made after the
2Oth d@y of September in every year.
g. BY the general system the assessors are bound
to assess all who claim right to vote In Pnaae, as
voters at the time of the assessment, and must annex
their afdavits to the lists that every person whose
| name is contained therein IS a quahheu elecVor,
having fixed residence in the division, to the best
| Of their knowledge and belief. - =,
4. BY the general system person whose name is
not on the assessors list may prove his qualitcaton
| on the day OF election at the polls In Pmiadelpna
before the election and to different tribunal the
| & By the general system the claimant Of votemay
prove his residence by any qualified voter OF the
] district In Philadelphia he is required to make
such proof in addition to MS own ostn or am
| whose names are contained on the assessors uN-
sion transcript under the head OF priVate mousse
| g. By the general system, in order to prove the
payment of taxes, the tax receipt heed not pe pro
uced If the affant shall state in his affidavit that IL
has been lost or destroyed that he never received
any. In Philadelphia, if his name Is not on the
original assessors list, the tax receipt must be pro-
dueed in addition to proof made by satisfactory evil
dence that the tax has been paid to the proper per-
son authorized to receive it.
Bv tbe general system the assessors are to place
upon their list and assess all persons claiming right
to vote without any regard to their condtlon or Sa
tion in society In Philadelphia they are forbidden
to assess originally any person boarding at any ote
tavern sailors boardng-ho or restaurant or any
person who has not fixed residence in the district
s. BY the general system the right OF any person
claiming to vote may be CHALLENGED at te Gos OIL
In Philadelphia no voter whose name is regstereo
can be challenged at the polls on any question o.
o. By the general system persons of foreign birth
who have declared their intention to become ctZeh
under the act of Congress, and who design 10 Dt
naturazed before the next election may be assessed
In Philadelphia no one not actually naturallzed Oh
or before the Goth Of September can be assessed.
No one would pretend to say that these were no
matters of fundamental importance, and In dlrec
violation of the Constitution. The act is, therefore
declared void and of no effect, and the injunction
restrain the various officers frOm carrying IL lnt
operation Is granted.
j. s,ourt of Quarter sessions-Judge Brewster.
In the matter of the opening of Diamond stree
from Germantown avenue to Seventh street, TN
On the 9Th day OF April, 1869, the City Council
passed resolution in these words THAT the Cit
Solicitor be and he is hereby requested to ask for
iury of view to assess damages caused by the open
| ing of all streets ordered by Councils"
| In obedience to this resolution, the CITY Soncto
has presented his petition praying Tor tne appoin
ment of jury of view to assess the damages lor Tn
: | opening OF Diamond street, from GermantoW
. | avenue to Seventh street. We have not Deen aol
to find any law for this proceeding. The act OF apr
2 1855 P. L. 266, Br. Dig, S92, Sec 1lSl autnorlze
Councils to order any street upon public plan TO
| onened on three months notice, "whereupon any
the owners whose ground will be taken by sue
J. street may forthwith petition the Court OF Quarte
n Sessions for viewers to assess the damages Whlc
. such owners may sustain"
u This makes q complete system. Ii the owners
a the land do not wish to for damages, we cannt
" see why the city should desire to Institute lug
tion against herself. Indeed If we appoint Juro
upon the present petition we may soon have noe
j OF such cases, and the city treasury be more tina
ever depleted by these proceedings . :,
She has suffered enough In this uirectloh III u
Il past and the promoters OF these operations snou
have learned by our former decisions that the Cou
can be no party to such wrongs. .---.
The object OF this is apparent II the owners {
s. not sue the order to open may become nugato
r. under the decisions of my brother President Judl
Allison in Large vs. the City. and Sewers VS. U
e. CITY, approved by the Supreme Court IL Casey, ~
or no avoid this result the parties wishing the sure
- opened would make the city the petitioner again
10 herself but the answer to such an eXnlDltiOn
magnanimity is that the public have no interest
nriyate speculations, and that those VINO are 10
or thereby enriched should pay the cost.
~ PRAYER of petition refused