Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1890-01-25
LAWS AFFIRMED.
Continued From Page 3.


ment for the year 1856, as an unproduc.
tive taxable. pursuant TO said enactments
as such regulations, was in accord with
the true meaning and purpose Of the
constitution, that he, and all those who
have been similarly ascertained to be
unproductive taxables for a particular
year, shall not be qualified for assessment
for such year.
"rheir assessment and tax laws
enactment appears to have been clearly
within the constitutional power of the
Legislature, as an appropriate and legiti-
mate exercise OF the taxing power.
"Being so, even though they may be
unwise III policy or defective and inefii-
Gent for the purpose designed in their
enactment, the resort for their annul-
meiit or amendment must be, not to the
courts, but to the representatives Of the
peoples or, that failing, to the people
themselves. The courts cannot annul
these enactments. but they can, and will
enforce the penalties provided for their
violation, whenever any infraction
thereof is properly presented and duly
established"
Judge Housten's Opinion.
Judge Houston rendered a dissenting
opinion. He said that the question Of
the meaning of that portion of the cons
titution concerning suffrage had always
been an interesting one to him. He re-
ferred to Judge Gilpin in complimentary
terms. He said the constitution gave
man an inherent right TO vote. II the
statute Of 1878 has the effect to impede,
impair or limit the right to qualify TO
vote II controverts the idea of the constl-
tuition. The constitution contemplated
that every one should have full free
and reasonable opportunity to vote. He
said again that voting was a right and
not private or particular privilege. The
judge then said:
1.-THE design and purpose Of our state
constitution, from the beginning after
the achievement of the independence Of
this country by the war of the revolution
in 1776, was to ordain and establish in
express and explicit terms, within its
territorial limits, a republican form Of
government, or in other words, a self
government Of the people in 1t for the
people and by the people, or the citizens
of It. And as 1t WAS framed by delegates
elected by all the citizens of IL then
qualified to vote at elections for members
Of the Legislature Of 1t, for the purpose
of forming our first state constitution,
they seem TO have assumed and recog-
nized that every such citizen Of 1t
should constitute one of the com.
ponent members of the govern
ment or body polite thus formed
by and for the purposes OF putting and
continuing In operation the machinery Of
II, II may use such figure of speech,
devised and ordained by them, should
have a constitutional and legal right to
vote nj all popular elections proyi led for
Tor or under it, subject 10 such re.
strictions and conditions as the
saw proper to prescribe In relation
thereto II was therefore fundamental
and inherent right, recognized and con-
coded by the constitution to belong to
every citizen Of the state to vote at all
elections under who possessed these quail
fications for voting. IL is not a privilege
merely as some have supposed, but a
legal and constitutional right conceded
to him by the constitution and inherent
in him as constituent member of such a
popular form of government at and be.
fore the formation Of 1t. As African
slavery then had before that been
introduced into the state, and women,
even Of the white race. were not eonsid-
cred on par with males Of that race in
this respect the concession was limited
expressly and exclusively to every male
white citizen of the requisite age and
possessing the other qualifications pre-
scribed in It, And this being the evident
meaning and intent of the constitution
that every citizen Of the state possessing
the qualifications prescribed in it should
have legal right to vote at what are
lnow called all general elections under II
And while it so comedies and recognizes
his legal right to vote at such elections
under II, IL prescribes among othe
qualifications that he shall have paid
county tax in manner and form as pre-
scribed in it. think the true meaning
and intention Of the constitution re
quires as well as reasonably expects tina
such county taxes as had heretofor
been usually assessed and levied in tn
several counties on the taxables, ant
voters in them would continue thereafte
to be assessed and levied upon them s,
that all the citizens of it entitled to vot
and who had a desire to do so shoul
have a fair and reasonable opportunit,
! Of paying within the time prescribed, an,
county tax lawfully assessed agains
, him and by the payment Of which h
: could fully qualify himself to exercis
I his electoral franchise and the legal RICH
conferred upon by the constitution to
! so on complying with that condition
J And, therefore, / have no hesitation
! saying that If the provision of the stat
; ute of 1878 in question, or the practiC
of the Levy Court under it of strikin
: from the assessment lists or lists Of the
country with view to deprive thereh
any person lawfully assessed thereo
Of his right to vote at any election
D said county, and then that the provisio
( of the statute in question and the pra,
= tice OF the Levy Court as aforesaid, ar
/, in my opinion, both in direct contravei
h ton Of the true meaning and intent,
5, OF the provisions Of the constitution, al
r consequently illegal and void. The rig
G of taxable and lawfully assessed al
taxed citizen to pay county taxes lawful
assessed against him, being otherwi
lawfully qualified to vote at any electil
IN order to complete his other lawf
y, qualification, for II is, in my opinion,
I'd constitutional right within the tri
I'd meaning and intention of the constit
Sc tion, and such being the case | must
en- in favor of judgment for the plaintiff.
ed The impression among the members
be the bar here is that Judges Comegys al
\ Grubb have presented unanswerat
arguments in favor of the constit
toinality of the law. Judge Houston
1e- opinion can not be called dissent fro
he the opinion of his brethren, as he stat
IRE plainly that he had not examined I
ed statutes-his single objection being th
air the law oxfqndad the nartod 90 3alt,