The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-07-07
Its Co1stitutiCnality Affirmed
by the Supreme Court
in Banc.
The "Hirelings, VagabOnds, and
Outcasts'' Encounter an Over
whelming Defeat.
Judges Agnew, Williams, and Read
Sustain the Law and the Purity
of the Bailot-box.
Chief Justice Thompson and Judge
sharswood Prefer the old-fashioned
Democratic Way.


In the case OF Patterson ct al Barlow ct al,
appeal from the decision delivered recently by Judge
Sharswood al Nisi Prus declaring the Registry law
Unconstitutional majority Of the Court this morn
ing reversed the judgment and affirmed the consti-
nationality Of the law. The following is the opinion
OF the Court in full, as delivered by Justice
Agnew:-
We regret that the necessity immediate decision
this case has allowed 50 short time for TIE pTsp1Ta rel ara
anesons demands treatment too full to be compatible
ihe plaintiffs private citizens electors Of the Com
onweath ta snd holders der Of real estate IN the
Illegal and void an act Of the General Assembly passed
Of the e GommonweSIt6 and to enoin the Councils alder
men, Controller, and Treasurer of the city
SnS Of b the J12 Hn e S eg % a9a
people if the eonstitatioaaliiy Of this law should
standing and jurisdiction in order to reach the aim
them BY d9 not 4 to be inferred that we
not doubts % Of the night OF the IL
one Of the political systems OF the State in its entire
We doubt the right Of the to call for an inune
vse Citizens can show to b. Injurious to their own
ghts and it is more than doubtful how far as private
and to restrain its execution public grounds.
G @ SSS be supplied
and ali inconsistent with It, being expressly repealed
on the whole system because of the tllesaly Of
the entire political machinery Of the COmmonwoaItR,
@ @ s true hT on @
e suppose the act Of S and its supplements to be still in
ground Of the alleged iegaty Of its provisions
anon t. pDd to STOP the Of no
ment See the State OF Mississippi Andrew johnson,
We come now the important question whether the act
tionaY Il is admitted that the Constitution cannot exc
Whh hPS bon b
General Assembly since the foundation of the Govern
election Prescribes the qnaications Of voters and en-
The precincts and places the boards Of eection the lists
OF electors whether called list of taxabes register
must all pc prescribed by law This undoubted legislative
10y rule Oh Proyso save the single injunction that cleo
But whom are the elections free? They are free only
70 the qualified electors of the Commonwealth. Clearly
means distinguishing the qualified from the unqualified
evidence upon which decision can be made The Con- ~
a3es P5ose b ard h the Legs
tanning who are and who are not the qualified electors and
TO this tribunal the persons and the qualifications OF the
How shall elections be made equaR Clearly by laws
which shall arrange all the qualified electors into suitable
tion, that shall have ties than Others
and that all shall have an equal share in filling the offices
But how shall this freedom and equality be secured:
guide the regulations to effect this
LETT the means of accomplishment to the TssisiStSre
b Feus n snS eSn S S ne
department 9i the Government except in case of plain,
iTinses The the rEots q the electors i is
ieGuire that this freedom and eS8atS aSitsu''Sn
. shall II be v eeG OM Ha No RSn %sssa
stances can devise system OF perfect equality 1t
the power make the execution GnconstitutionS
eRe s them may S he a % e
tenn but that is no ground to pronounce law unconst
in its Exercise that eecton ee TSss Sad pt m
$ st Di us d s s
IN the 5ignt TO- deposit her ballots IN safety and unpre
where where the the nof S p the
sss1s5Sh sS '99SssS5Sss s%$ t@$
fed and allow the qualified only to vote free eauS
il the end be attained evident question Of consti
.atiGns law &c arise 10, on the uniformity the
laws passed 70 promote given object be
iee and must framed 70 the oIgencies standing
egasoS be 0 to different Ccae t6e 5
and must be Obyained By diversity Il part Of the
tion but fails another part because Of the
tionai makes unlawful enact other provisions to
% sS she S and the true Du
sound morality require this diversity regulation it
formity regulation free and equal election ""'
and h mot 1sT was Tesi law S for the city
June 1885 The list Of votes corrected and certified on
Sn, sde PIE a aa Tsss oeiGEs e5d1 the o sS %
sGfas.Ss e. g sers @ss s''p' IN The cases Of
ste%P & yss ever a made % s e question the osnst.u
the provision Of the Constitution Of 1890 force II
force when the convention the Oonstitu
ton sat In lo and entered largely into its discussions
The atenton OF the convention thoroughly
it, In the committee of the whole the report of the
committee the ninth article, Mr. Sterigere of Mont
eomery moved to amend the fifth section, by adding a
II was voted down, and when the report came up on
second reading MIR. Sterigere again offered IT. The
amendment VIII be found the 29th
these %qTds Ths nth ssaon Of behS the
under consideration, which reads in words fol.
lowing VIZ Section That elections shdH be free aud egaaI
nd Sddesgsie @ q h99igomery moved TO amend the said
follows, VIZ The eiectioa lars shah uniform yoqlOm
ne dte dnd no greater other restrictions imposed
upon me electors N oity counY district than o. il
mr Stergere stated that this amendment WAS offered in
committee OF the whole, and rejected by a small ma.
this amendment was fully discussed in commttee
OF the whole; II should be understood he said La is
1set "osa ee 70 DESTROY he Regist'y aN IL ne city
Mr. Chavles Brown OF the county OF Pbiadelpba said
ne knew no reason why the law should be different one
part I1 OF the state from what it is in another.
Question was then called, cutting of the
number OF the political friends of Mr. SteriRere and Mir
voting IN the majority Thus the 9TH Section the
h Arele was left as stood in the Constitution of 1890
70 ti'rhat elections shall be free and equaln This
was no party vote the relative strength of parties in the
CONVENTION DelnS % and 10, and should put to all
@IKuinent on Tine cor stitutionay of a registry law
me question OF uniformity of regulation cusvely
se'Iso n TINS vote. The purpose the amendment
StesgeTe was 70 destroy the Registry law then
OF lsO mat elections shall be freeand equal This purpose
was distinctly to view by Mr. Scott and the
n snf vote decided against uniformity of regu-
power ''' ''@'''''N
last the question upon c power Of the Legislature
the eAie Of Page St al Allen et Al, and majority ol