Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1890-01-25

Court Of Errors and Appeals, sitting at
Dover deciding the case Of Frieszleben
vs.. shallcross for the defendant. is vic
tory for the Democrats, for justice,
equity, good order and for republican in
stitutions.
The Republicans had trumped up this
case Of Frieszleben and fought all along
the line of Republican fallacies for the
overthrow Of the authority and autonomy
Of the state.
They saw in this case an opportunity
to urge their pet fallacy Of paternalism
and federalism by which the power of
the state should be reduced to its mini =
mum Of nonentlty and the power the
general government should be increased
TO it's maximum limit. They sought TO
have the general government take charge
of county assessors and to declare our
laws for the qualification Of voters null
and void They sought to break down
the lines of demarkation which preserve
thu integrity Of the state and assure this
commonwealth Of home rule. They
sought to have tho federal fallacy de-
clAred supreme, and state authority OBJ
| liberated
They have failed
Delaware is sovereign and independent
state. She may assess taxes and require
her citizens TO comply with whatever
provisions OF law she deems advisable to
preserve the purity Of the ballot
The court decides in the admirably
written opinion of Chief Justice Comegys,
thus:
It is not directly denied on behalf Of
the plain tif-in fact It Is conceded-that
the power to use the ballot is one Of
those derived from government, or the
political society in which the elector
resides. At the same time the conten-
tion here Is the outgrowth of the idea
that the primary object of the govern
ment is universally of electorate. II is,
Of course, entirely consistent with the
hopes Of most men, members Of political
body las one one of the states of the
Union) that every person recognized by
society, as sui juris, should participate
in the ballot; and all such IL is believed
are accorded that privilege. But In this
state. as no doubt in most of the
others, It is conferred only upon the
condition OF contributing TO the support
Of the government THE PARAMOUNT
DUTY OF ORGANIZED SOCIETY IS NOT TO
MAKE THE USE or THE BALLOT FREE TO
EvERY SUCH PERSON RUp TO PROVIDE
THE MEANS FOR IT'S OWN sUsrENANCE-
WHICH Is DONE ny TAXArION--and after
that, but altogether subordinate TO it.
however, TO secure to the payer Of taxes,
IL. 4
or right, as 10 is generally
called, to vote at elections. THERE Is NO
NATURAL. RIGHT TO VOTE; IT is 0NE CON
PKrHED BIT COMMUNITY AT LARGE
rP0s CERTAIN OF ITS MEMBERS, WHICH
urrLfEs THE POWER AND AUTHORITY TO
I WITHHOLD n FRoM OTHERS. The whole
idea Of our original government-that
before t776-whs that only those WHO
! PAID TAXES COULD VOTE; not that all
should vote, but only those who helped
70 support the government II was a
privilege conferred upon such and such
only.
In concluding his exhaustive and philo.
sophical opinion, the learned Chief Jus
tice Comegys says;
Taxes being necessary to the support
Of government state has the right TO
adopt any measure. short Of actual dis
reimbursement, to compel their payment.
No one doubts the validity of the pro
vision in our statute FOR IMPRISONMENT
OF NOcs-PAYING rAXABLEs; would the
law be unconstitutional because the col
lector might choose to take the ultimate
course, upon the eve Of an election, e
shut up In jail non-paying citizens e
! whom it applied Why would it not be
Simply because Imprisonment is an ex
" treme remedy for nonpayment Of liabili
s ties, as old IS the law. Then ii such
r provision be valid, why is it not that 70
d dropping from the assessment list TO
!. twelve moaths validf Such an imprison
! ment as mentioned. would etiectually Gu
- of, pro hac vice. the suffrage right
q whereas the dropping from the lis
le would, under the circumstances pointe
is out by the plaintiffs counsel, do nothing
-, more; and in that case the droppin
could not otherwise be taken than A
DoNE BY THE VOTERS CONSENT, WIZ
70 HAD ALMOST A WHOLE YEAR IN WHICH n
4. PAY HIS POLL TAX, AND THUS SAVE HIN
in sELF FROM DELINQUENCY.
SO That passage sets aside the claim O
oil the Republicans that the state has n
or right to withhold the privilege Of SUI
is frage from the man who neglects or re
II fuses TO pay his taxes. He may be in
ed prisoned. BE may be deprived Of sui
e. frage and Of his liberty too.
ct Continuing this branch Of the subieo
Id the learned Chief Justice qualities th
or above thus:
ms Without it can be shown, which Il Wa
u not, and cannot be, land that fact SCENE
TO embarrass the learned counsel In the
elaborate argument) that the legislatio
of 1873 DISTINGUISHES a voter in spite
is himself, or takes some advantage Of hi
~ against which he has no means Of DR.,
\, tecting himself, IL is too much to ask til
~ court to void il as unconstitutional. al
IN violation Of the organic law Of th
n state.
he In regard to the claims that the la,
ed of 1878 traverse the rights guarante
al under the Fourteenth and Fifteen
g amendments the learned Chief Justi
nd sys
to The ability to vote being no mors n
q I cessUy to secure that protection in /