The daily gazette., 1880-01-24
FIFTH EDITION.
Judge Bradford's Opinion.

- A~@01 80 N~N-l - -
THE POINTS CITED By HIM THIS MORN
ING IN THE U. s. CIRCUIT COURT In
DEFENSE or APPoISTIEG sUPERyI-
sORs.
Judge Bradford's decision TO appoint
Supervisors Of registration for Delaware
was briefly given in the first edition OF
to-day's GAZETTE. The opinion Of the
Judge in the outset reviewed the Law
under which the appointment was ask. d
for. There was no request for superyt-
sors Of elections. but simply for supervi-
soFs Of registration, and the question
raised was as to whether there was . reg
istration II voters In this State, such as
il contemplated by Congress. The ap-
plicaiion OF this law, should, In the
Judges opinion, be literally construed.
The question at once arose, what was
the intention Of Congress in using the
words "registration OF yoters,' iR the act
just read. In this State there was no
such word as REGISTRATION" used in the
statutes. But tue list made by the as
SCISSORS is list OF tax payers, and TO be
on that list Is . qualification TO vote. To
have a registration here we must hav a
list Of voters-anything that is not this
cannot have this act Of Congress appl ed
to it.
The Judge deemed IL true that tie
systems Of registrations widely vsrlcd IN
The different States. But how much did
the system here vary from those else-
where? and was there sufficient snbjet
in the system for the act TO work upon?
a a al ts.r. -. a
in harmonizing this difference. In an
swering the questions the speaker CITED
the following propositions, which be said
could be established:
l-Tfere are officers here appointed
to make lists of voters.
These officers are known as Asses
sors, and they have to sit at certain
places and take names.
3-NOt only this, but times and places
are liked by law for the adding and cor
recting OF names on the lists.
4-Tbe laws Of Delaware contem-
plated the guarding and scrutinizing of
ls work,
6-Times and places are fixed by law
for the guarding and scrutiniEing Of
these lists, first from January 10Th ill the
last Saturday in January, and after that
in the Levy Court.
6-The Assessor is compelled TO put
names on that have been omitted when
be sits for correction.
The Levy Court must also enter
names and this work is 20 be guarded and
scrntinized.
s-The Clerk Of the Peace is bound TO
make out lists In August TO be used al
the election, which is a list of the voters
IN each hundred and Is yruns facie evi
dence of right to vote.
Now this, the court argued, formed a
system by which the right TO vote was
duly made up, and costltuted a stsong
pTimd fdcte qualification To vote upon
pay inent OF tax, and was q registration
OF voters. IL might not be a complete
registration of voters, bur was a. CON-
pfete a IL could be made under the law
The assessment list should not ouly be
scruiinized, but also the list made out by
the CLERK Of the Peace.
IL was further held that In all particu-
lars the assessment law In Delaware
conformed with that Of Pennsy lvania,
and that the primd Iacie evidence of a
qualified voter in Pennsylvania was 81.
miliar to the one furnished by the Clerk
0f the Peace in his final list in thl.
state. This latter list and the one made
by the Assessor, from their connection
With each other, became incorporated
into one IN reality. The remark of At.
torney General Gray that an indictment
coulG not be drawn up under one Law
was denied, and the Court said that If
ths assessnen here was substantially a
registration Of voters there would be
no difficulty in that respect.
Considering the view OF the law he
could not do otherwise than make 1.-THE
Court then adjourned. The supervi-
sor- were not named, owing to the fact
that the list for the whole State was in
complete. and II is Intended to confirm
tEem ali at once.