Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1882-04-06
M-. Eastburn's Appeal,

NJ, Eastburn's Appeal.
There a.e none who believe in goo
government, economy and equality o
rights who will not rejoice that tn
qu-sti IN Of assessments n nov to b.
brought before the courts and the mat
ter viii rhare be tested whethrr asses
sors have The right to strike name'
from the assessment simply because TIT
taxes for hat year have not been paid
The ground taken by Mr.. Eastburn and
others wlo have appealed to the
court Of errors and appeals is, that each
voter has constitutional right to vote
if he wants to and that no State law
enacted TO merely raise revenue for the
State can Interfere with the constitu
tional right. That State has the right
to impose taxes is not denied, but that
is exclusively State affair to raise
money from each taxable, with
which to pay the expenses of the State
Government. The right to qualify to
vote is quite different affair. 1t may
be admitted that man who pays no
taxes should not vote, but the principle
goes little further. Shall he be de-
prived of the opportunity Of qualifying
for voting if he desires to vote? This
as we understand the petition to the
Levy Court of Mr.. Eastburr and Others
is the real question at issue. Mr..
Eastburn is q citizen and entitled to
vote under the constitution being of the
legal age to do so. He has paid his
taxes and exercised the privilege or
rather the right to vote whenever he
wished. Last year, Thorough some omis
sion, either because he neglected, or he
could not find the collectors he failed to
Fay his taxes. He would have paid
them if demand had been made upon
him by tho collector, but no such de
mand was ever made. When the time
came for he collectors to make their re-
turns of delinquent taxpayers to the
Levy Court, Mr.. Eastburn's name
was found amongst those who had not
paid their taxes for that year, and con-
sequently he was returned as delin-
quent taxpayer. According to recent
laws passd by the Legislature, wheth
er they are constitutional or not is to be
tested. Mr.. Eassburn's name is strick-
en- from the assessment and he is de-
prived, not exectly and directly from
voting, but what is much more arbitra-
ry and ur,ust from the opportunity of
qualifying himself to vote tor one year
to come. For not paying his taxes for
the previous year he is deprived from
voting the following year. This is not
the way the State makes laws for the
collection of other debts due from indi-
viduals to individuals. In such cases
Judgment is obtained and debts run
sometimes for years before they are col
lected. There is not merchant in the
State who does credit business who
would forgive every creditor at the end
of the year and resolve to have no deal.
ings with them for year more to
come. One question to be decided by the
court of Ell rors and appeals, is whether
discriminating laws are constitutional
especially discriminating laws which
disfranChiSe voters by the hundred and
thousand. In many States there are
registry laws, which require voters to
register before they vote. If they do
not register that is an intimatiOn that
do not desire to vote and they have no
cause to complain if their names should |
be left Oft The registry. But if they reg |
lister and do not vote, that is not bar
to registering the next year if they do
SO. Our assessment laws which are the |
only registry laws we have work differ.
emily Upon the assessment for collect |
ing taxes due the State depends the
right of a voter to vote. This is what
prccipitates the conflict between the
State and the voter and will always
keep up conflict until registry law
is passed. The present appeal TO the
court of errors and appeals, will not de
eide the question should it be decided
against Mr., Eastburn, as it is quite
likely that it will be still further ap-
pealed to the United States Supreme
Court, and pressed until the ri hts of
voters ale fully established III Della.
ware.