The daily gazette., 1880-01-21
FIRST EDITION
The U. s. Supersvisors.

THE LAWS OF DELAWARE BEARING
ON THE sUPERvI.oR SUBJECT, AS
DISCUSSED IN THE U. 3. CIRCUIT
COURT YEsTERDAY-Is 1T LAWFUL
TO MAKE TBE PROPOSED APPOINT
MENT?
After Mr.. Bates concluded his argu-
yesterday MIR. Higgins addressed the
Coult In favor of the appointment.
MR.. HIGGINS ARGUMENT.
Mr.. Higgins came directly to the ques-
tlon, Is the system Of assessment IN
Delaware registration Of voters rs con-
templated by the United States statutes.
The law governing the assessment pro-
vides not only for an assessment of taxes
but for an assessment in such q way as
TO make IL a qualification to vote. The
sy stem commences with the Assessors
and ends with the Election Inspectors.
1t has two-fold meaning, aud one can
not be ignored In that greater stress may
be placed on The oLhei. In effect |. Is q
registration. The election at which the
men, thus qualified, are TO vote, is held
for Representatives in Congress, and 1t
Is within the province of Congress 10 pro-
tect itself by scrutiuiziDg the matter OF
qualification, and II would therefore be
perfectly right to appoint the Supervisors
petitioned for.
Mr.. Higgins now discussed tie provis-
ions of the State Law aud Constitution
governing the assessment. The very first
thing met with In the law confirms the
connection between the assessment and
the election for which IL Is a qualifica-
tion, and that is the fact that the labois
Of the Assessors are limited to election
districts, and for each district separate
assessment list mus, be made. There Is
a day after this when the Assessors sit
TO make corrections, and then II Is that
those who have failed TO be put on the
lists can come up and maintain their
right, and this comprises the equivalent
OF registration. The assessment list Is
not merely and alone list of voters, ii
is true, but IT Is also list of persons
who, having paid their tax, would be
qualified TO vote for Congressman or
an Elector. There might be some doubt
that IL Is not list of voters, but 1t 10 q
list oftax payers and IL is made necessa-
| ry to be on that list to vote. The fact
that it is more than list of voters does
not make 1t any the less list of voters
which Congress propose to scrutinize.
Our system Of laws and practice provides
for the qualification Of voters, aud the
fact that II makes registry list must
stand because IL makes list of vol ers;
none the less so because it is not called
by the term 'registration." none the less
so because IL is incomplete. The list
made by the Clerk Of the Peace, from
the Assessors lists, and used at elections
shows that the system is very registry,
and TO all possible extent list OF voters
1t is not complete and may be amended
1t is not for the collection of revenue bul
for the establishment Of the right to vote
after the qualification has been made
Let us look at the matter Of making up
these lists and at the use to which they
are put. The lists are supposed to be Q
record of all the voters in the different
hundreds. They are made by the Clerh
of the Peace aud tr insmitted TO the III
spectors OF Elections. These are con-
suited as the election progresses, anC
each man who casts his ballot ha;
"voted" written opposite his name on
the list. Afterwards they are used OF
"return day" and filed for use in cases
of contests.
1t may be strongly argued that this II
an incomplete list that IL does not com
bine all the qualifications of q vote. Bu
venture to say that there is no regis
tration list in the country that comprises
all the qualifications TO vote in all there
Is some requirement outside of IL. II
could not be a complete list from the
very nature of things, but II is to be as
complete as may be; and the state law.
makers in planning the system framed 9
law by which voters are to be registered
even though the registration grows out
OF the paymen. of tax.
Judge Strong has decided that regis
try law could be framed in Pennsylva
MIA, and their constitution is similar tC
ours. Indeed, the law by which voter.
are there registered is similar to ours In
everything except name. With certain
variations, the Pennsyl, ania statute il
primarily provision for a list Of tax
payers. 1t has the double quality Of
being list of tax payers and registra-
tion of voters, and in all details conform:
with ours except that Pennsylvania call'
1t registration and we do not. In view
Of this the argument is pressed home OF
this court that when thing Is found
under wrong name the court is to take
the thing and ignore the name.
The Statute of Congress creating tht
officers of Supervisors Of Registration
contemplated a wide variance among thu
different States, and was intended II
meet all laws looking to the qualifica
tion of voters. 1t was intended to apply
to all, and not to hold down and exclude
on account of name, such system a
ours. There is nothing in the laws o
Delaware that makes this provision in
applicable. II fits, 1t applies, and 1t i
perfectly right that the appointment
should be made. There is day wheI
men come up before the assessor TO ge
their names, which have been omitted, ,pu
on; we want 10 guard aud scrutiniz
! that action. The law gives the citizen
a day to go before the Levy Court an,
/ be put on the lists we want that scru
tinized and guarded. There is no rea
son for the court to change its min'
about making the appointments.
i. MR.. GRAY's ARGUMENT,
) Attorney General Gray commenced b
speak at II 40 o'clock. In considering
t this question he said. the first proposition
that came TO his mind was that this wa
in effect penal statute that was beln
considered. He called attention to sec
tion zoos, which makes interference
penalty and introduces into the matter
L highly penal character. 1t was difieren
: from the others and if they were mad