Daily Republican., 1886-11-18
THURSDAY NOV I'm Der Is. 1856.
Constitutions and Elective Franohlses,

and Elective Frsnohises.
The salts entered in the Superior
Court Of Delaware against Patrick
n cary, county tax collector for the
Northern District OF Wilmington, to
test the constitutionality OF the present
assessment laws OF the State, will make
voters look up the constitution Of the
State 10 see What the qualifications Of
q voter are and also to compare the
spirit OF the constitution with the
spirit OF the assessment laws to zee
whether they harmonic and agree
with each other. In order TO assist the
readers OF the REPUBLICAN, In their
investigations We publish the following
paragraph from Section 1, Article Nv
OF the constitution, which covers the
whole case 80 far IS qualifications are
concerned:
"And In such elections General
State elections) every male citizen OF
the age OF twenty-five years and up.
warts, having resided In the State one
year next before the election, and the
last month thereof in the county whers
he offers to vote, and having within
JWO IC0AS htAb bh0 biOCtlOu
paid q county tax, which shall have
been assessed at least six months before
the election, shall enjoy the right OF an
elecsor; and every male citizen OF the
age of twenty-one years and under the
age OF twenty-five years, having re-
sided IS aforesaid, shall be entitled to
vote without ahe pay ment OF any tax:
Provided, that no person In the MILL
tary, naval or marine service Of the
United States shall be considereds 81
acquiring residence In this State by
being stationed In any garrison, bar
rack, or military or naval place or
station within this State; and no idiot
or insane person, pauper, or person
convicted OF q crime deemed by law
felony, shall enjoy the right OF an
elector; and that the Legislature may
impose the forfeiture OF the right OF
suffrage as punishment for crime"
1t will be seen from the foregoing
that o young man between the ages OF
twenty-one aud twenty-five can cast
his 6rst vote without paying any tax.
The constitution 10 on the liberal side,
1t prefers that the county shall rather
do without q years taxes than thar a
young man should be deprived OF his
vote the first year he comes OF age. In
this, as in other provisions, every posi-.
BILE facility IL afforded to enable man
TO vote. There is only one other re-.
qulrement after the voter passes the
age Of twenty. two, provided he has re-
sided In the State one year and the last
month OF that time In the county
where he offers to vote. b fore the
next election he has had time to be
assessed and tho county expects some-
thing Of him. He has the benefit OF
the protection OF the laws and he Ia ex-
pected to pay something for 1t, but the
law is still very easy with him, still
preferring to lose years taxes In
every two years, than that the voter
should be deprived of the benefits Of
the elective franchise. Therefore be Ia
required to pay "a county tax" with n
two years preceding the election.
The constitution specifies no tax for
any particular year. |; does not say
that he ahali pay "a county tax" for
tae year In which the election IL
held, the year before that nor the year
sill farther back. The Constitution
very clearly assumes that the voter &
name ID on the assessment duplicates
and that 1t cannot be taken Of excep
by d5ath or removal from the State
and not until 1873, when the presen
loaded. dice-box law was passed, was
name stricken from the assessment list
for auy other cause than death or re-
moval from the Safe. Under the Con
stitutlon, If man wants 20 vote at an,
election, before the present law wa
passed, az ne had to do was to go +
Che collector and pay him "a count,
tax There was no uncertainty abou
finding bis name on the tax duplicates
for II could not get off while he livet
aud was in the State, unless he becam
a pau per, insane, or was convicted o
felony. II he had not paid tax 70
even four or more years he could selec
for which year he would pay, and thu
having paid 50 county tax" With
two years he is entitled to vote.
But how is 1t under the new Ia
OF 1873 A vote Ia ASSESSED along an
time fion the beginning OF Novem bt
to the last OF April the next year. TIL
collector never calls upon hi IN to pa
Q tax. At the end Of year, his Ia.
not being paid, his name Is stricke
from the assessment. When the day ,
election draws near, he feels rs II b
would like to vo:e, and kno wing tha
he was required to pay "a county tax
within two years to enable him to vot
he goes to the collector to pay 1t. T,
collector looks a. his dupl.c ate nd ii .,
his name Is not on IL for that yeu
"Then turn to the year before" 81,
the voter, "for ! want to vote and
want to comply with the Constitute
md pay q county tax within t7
years The collector turns to 81
year before and shows the man b
name with apen ind ink drawn throui
1t. He % disfra nohised under the la
The voter comes under the gnsrant
OF the Cons ltuuun to pay "a coun
tax" within two years, but he is n
permitted TO do 60 He Il met by 81
late law OF 1873 aud told thai he cam
quality as an elector He wants to p'
his taxes but his name has been striokI
from the assessment to prevent hi
from paying taxes
The candid ard fair reader 81
reasoner can hardly fail to read VIII
we have quoted from the Constitl .iC
in reference 70 the qualii 3ation
voters and comparing then With 6
present law upon that subject and I
practice under that law, without dl
covering q fragrant violation Of +
principles laid down in the Constitute
and It Is to test the ccnstltutionAlity
the present law that MIR. II iagins i
taken action, and for doing 80 be
saruna tina hIrhnst raanant and nrRiat.