Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-11-06
AN OPINION ON DELINQUENTS.
Can Vote If Paid a Tax Within Two
Years.

| Special Correspondence Of Gazette and Jourt nj
GEoRGETowS, Noy. 1.--Maior w
4 Hudson, learning that the Republican
managers had instructed the Republican
inspectors of this county to refuse /,
take votes Of men who were returned de
linquent at the last March session Of tn,
levy court and thinking they womlC
challenge such votes in this hun trrC
wrote TO the judges for an opinion S,
| that he could do his duty in strict con
/ forlnity with the law. The letter of Mr.
Hudson to the Judges and the opinion
of the court follows;
DOVER, October 3lst, lS90- .Najor VI
| H'tdSoh Inspector IF GGoiyet0tW HARd,e}
'snSSer ConntH, Delpwdie-STR: We are il
/ receipt OF Your communication Of October
18th, Instant, as iollows
| GEokGErowN DELAWARE. October 29th
lS#1Io He HohMWble He JuigtS qf n,
SeirtM CoAifs q SNpsiior Juriatiction il
and Tor ne State 9t' Deldpdir
GENTIEMEN: am inspectoro elections
| ~ and for Sussex county. ! understand
that Inspectors and judges Of theclcctions
| ~ TINS county have been advised to reject
| the votes of all persons who have boon re.
turned as delinqllents at the last March
session Of the levy court for non-payment
Of thelr taxes for the year 1850, n6twith-
sum ItIHpllS Itlltl ANA tlltr nttnu
ilde receipts for taxes which have been as
sessed at least six months before the elec-
tioh and which they have paid within two
years next before the election.
am further Informed that these receipts
are chiefly for the year 1883 and that the
inspectors have been instructed to reject
the votes OF. all such persons as have been
returned delinquent for the non-payment
OF their taxes for 1880, although they have
paid q tax withintwo years next before the
election.
As ! am desirous of doing my whole
duty aS Inspector, with strict impartialitv
towards all parties, respectfully beg your
honors to advise me as 10 my duty In the
premises, IN order thai | may not IL
norantly violate the law in the perfor-
nance my duties as inspector. Very rc-
speetfully your obedient servant,
MAJOR w. lIupsoN,
Inspector of Georgetown hundred. Stis-
sex county.
While the giving Of extra,iidicial opin-
IONS has not heen at all common with the
members of the bench OF this State. vet
occasions sometimes arise III the course Of
lhe performance of their official duties bv
the public agents, where they feel COM
pelled to seek legal instruction before act
ing. and then they not infrequcntlv ask
aqflce from some member of the judiciary
who feels it not improper TO give il. il
has never been considered that i'll so doing
he was necessarily, committing himself
upon the question submitted so as To em-
Darrass his Judgment if il should arise be-
fore him i'll court. Justices of the peace,
when Ignorant Of the exact course their
ullty requires them to take, sometimes All
ply TO a Judge for advice and obtain it,
And the members of the Legislature make
like application, oftentimes individually,
ald ahd sometimes as 4 body, with respect to
Their constitutions, powers, and the judges
respond without hesitation A notable
instance ot legislative application for ad-
vice occurred at the session of 1883. and
the course Of the judges then was not con
sidered improper or imprudent. In fact.
where public officer has applied to a
Judge to instruct him with respect to soiae
particular duty. without intelligent per
1ormance OF which private right may he
and by such performance no
private wrong, whatever would he done.
advice has been given him-subiect always
when question should he made to change
OF opinion, Occasionally election officers
have applied similarly, asking for inter
pretation of the constitution with respect
to the exercise of the ballot As such con |
stltlitlonal, questions concern the whole |
public and the officers receiving or reject |
ng yotcs are i'll such peril tif they act I
lllegallyl from the penalties Of the lawand |
.he risk of civil action for damages, as tO I
make their appeal for advice difficult to
'eslSt-especially as such advice may not
necessarily promote the interest of either
1arty at the expense of the other-t has
never been thought indiscreet or improper
o give It,. These considerations Justify us
u our view, in answering the questions
nj to ns by you as the inspector Of George
own hundred, in Sussex county, in the
communication
The right IN vote is fixed by the second
lause Of Article " of the constitution Of
his state, which Is as fOllows
sec, |. All elections for governor. sena-
orS, representatives, ShcriifS and coroners.
hall he held ON the Tuesday next after the
rst Monday in the month of November
/ the year III which they are tn be held.
nd be by ballot.
And in such elections every free white
lale citizen, of the age of TWENTY-FIVE
ears or upwards, having resided in the
tate ono year next before the election, and
le last month thereof in the county
here he offers to vote, and having within
NO years next before the election, paid a
llIty tax, which shall have been assessed ;
least sin monts before the election. shall
lloy the right of All eector and every
ee white male citizen of the age If ,
venty-one years and under the acc of
yehty-tWo years having resided as afore-
nd, shall be entitled to vote without pay-
ent Of any tax: Provided that no per ?
n III the military, naval, or marine ser
&c OF the United States, shall be cnnsid-
ed as acquiring a residence in this state, n
being stationed in any garrison bar =
ck, or military or naval place or station :
thin the state; and no idiot, or insane !
rsnn pauper or person convicted of Y
lme deemed by law felony, shall enjoy /
e right of an eleetor; and that the I.egiS- c
lure may impose the forfeiture of the
5ht o.i suffrage as punishment for il
ime.' y
The, meaning of this clause has never u u
en- III any doubt. 1t is, that any man II II
; Inc right 10 vote TT elections for gov p
nor, Nc., who has resided IN the State q
e year next before the election and the cl
I month thereof in the county where he 81
ers to vote, provided that within two al
ars next before the election he has paid =,
county tax which was assessed six :,
lnths before that time. Under this pro- o'
ION sex, age, residence, and the PAYMENT
Il county tax within two wears assessed g
months before the election, are the b
affiliations. If they exist, the right is "
feet; and its exercise may not be denied
elector, although at the time he may
a delinquent with respect to n prior or
,seqlent tux; Ills payment within two ro
Irs next before the election of valid re
subsisting county taX--one for the W
l-payment of which he has not been re- Nj
ned delinquent, and which has not been st1
ingllished by its age under Section Is. HI
ipter Y of the Revised Code, gives him nj
indcfeasible right TO vote; and none in N
ce can deny it to him. e..
j. =. GoNEGYs, Oh. j., IA
!, G. GRuBB, j., at
CHARLES NJ. CULLEN, 7. bu
fully concur in the above and foregoing on
MON. Nj
w. SArLsBuRY, Chancellor. ca
he effect of this opinion is that a citi- of
g Navcmber 18th, 1888. the tax assessed hil
that year. of