The daily gazette., 1880-01-21

the appointment Of supervisors4--f
elections and registrations. The discus
sion Of the law Is narrowed down to
the question OF the meaning of "regis-
tration." 1t Is perfectly well-defined
word, and no doubt can arise as to the
meaning Of the term. 1t is matter of
certain knowledge that since the war
these systems Of registration have been
introduced into the election systems of
certain States in order to prevent fraud
In the elective franchise. But this does
not apl " TO our mode of assessing and
collecting taxes. There.are often tech
uical meanings In the construction OF
statutes, but there would be no justifi
ca,ion for bringing this rule within the
meaning OF the act 1t would not be
right TO extend tie province of the act
here where there is no registration, on
this excuse, when the meaning is so
obvious.
Again referring to the different sec
tions Of the Act OF Congress, Mr.. Gray
said that the provision of section 2OI3
plainly sho" ed that assessment was
not intended by the law, for it would
not be likely that II would be required
that the court should be open during the
tion 2011 goes to show that the registra
tion OF voters was different from the as
sessment and the other sections are con-
sistent with 1t. In section 2p16 il is
provided that the supervisors of cleo
tions are to attend all places fixed
for the registration of voters, "who be-
ing registered would be qualified to
Vote" and to challenge all applying to
register. But a man simply on the as
sessment list would hot be given the
qualification to vote, and could not vote
until the tax had been paid, aud then
again many would not be qualified to
vote at all, for some of those assess d
are womsn, non-residents and teDns.
IL cannot be- that the two systems un-
der confederation are similar for their ef-
iects are so far different. The system OF
assessment and tax paying is the qualiti-
cation to vote. aud not a list of those who
are qualified the reg stratIon is a list OF
those who havs been qualified aud are
entitled to vote. The intent ofthe law Is
to scrutinize the making of the list of
qualified voters, and not the assessment
and collection Of revenues. The sta ute
shows the contemplation of different
state OF things to " hich IL could not ap-
ply, All through IL there is an inte ent
purpose that supervisors shall go to cleo
tions always and to ''registration II any
there be-" which shows that a di fferent
state of things is conceived. A registry
law would make no change In our asses g.
ment law and II we had such a law we
would take our men and register them,
after having had them assessed and paid
their tax. Let us consider the property
qualification as In M Massachusetts. There
a man must not only pay his tax but be a
tree holder'to certain amount. Now
by widening the scope of these super
visUrs q little more than IL now proposed
and supposing that you had such law,
could you empower them to 60 into the
Registers office to take charge OF his
books and ascertain whether such a per-
son was free holder, aud thus entitled
to vote? Suppose we had a registry OF
births here, would this act of Congress
give the supervisors the right to srruti-
nize the registry and ascertain whether
q certain person was of age.
Presuming, for the sake of argument,
that the point has been established that
there is q registration Uf voters in Della
| ware, and going further and antici patti DR
| the appointment OF SUPERVISORS. the fact
cannot be disguised that an indictment
| could not be drawn up for violation oi
| this statute. An Indictment must follow
| the wording OF the statute, and II an as.
SCISSOR named John Smith was to bt
guilty Of a Violate on of the law the Indict-
meDt would have to read "John Smith
being an officer charged with The registry
| Of voters :" and not "John Smith being
| an office charged with the assess ment oil
property owners" As John Smith was
assessor under the law, and not registrar
| of voters, the document would be mac
| tive.
Under the laws OF the State it is made
the duty of the Sheriff and Clerk of the
| Peace to make up IN alphabetical list oi
all free male citizens OF 81 years of age
dreds. This IL the only thing in ouI
whole practice that can be contorted int,
| a registration. II IL Is a registration the
scrutiny must commence there, and the
petitioners should have asked for super
| visors to scrutinize the list ILade by the
Sheriff and Clerk of the Peace. Is Ger.
tainly cannot be denied that the last
made lists are more correctly speaking, a
registration than the assessment lists.
| The assessment lists do not contain list
| of voters alone, but comprise many
| others. If the assessment list is to be su-
| pervIsed the payment of taxes should be
supervised, for the payment of taxes II
much more req uiremeDt for voting han
| is the assessment.
Mr. Gray took up the declarati onmade
by Mr.. Higgins that Delaware's law was
similar TO that of Pennsylvania, and
stoutly maintained hat there was no ex-
lstiDg similarity between the two princi-
| pl0s further than an assessment of tax.
| payers went. 1t was simply an assess
ment in Delaware, but In Pennsy lvania
1t was more than that-in fact thetaking
| Of list of those qualified. The object OF
the registry laws Is that scruting may
be made OF the quail fcation to vote, and
| not the act of Qualifying. Judge Strong
whom the gentleman has quoted, says
that a registration Is thing apart from
the qualification To vote, and registry
of VI ose already qualified. A nd here we
take issue. In Pennsylvania they have
an assessm ent and collect on, in fact, as
we have;but further ,han that they have
a registration. We have no registration,
but simply an assessment, and nothing
but ingenuity can make plausib bio ar
gument that we have. We have no re-
istry under our laws for the enrollmen,
of those who are already qualified. The
ciuzen makes his qnallfcation,-is put
on the assessment list aud pays his taxes
and that Is all.
Mr.. Gray closed by saying that in these
times Of loose construction Of the law
there is danger of going to far and max
ing grave errors. He would not for one
nom ent endeavor 10 misinterpret the
law. 1t had been intended that our dua
governments should work In harm ony
and there would be no clashing If the
law was properly carried out in its pro
per sense. There could be- no mistake
| n She Interpretation of the statute un-
der discussion; IL was very plain, and
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