Daily Republican., 1890-01-25

AHu Wuuc uftn tne SOLO Juugo u1 70 VINO
are ''dnproductivo taxabies'' and who
productive tAxsbles," Continuing, he
said:
"Tbe plaintIn's exclusion from assess-
lnent Tor tie year 1885, ss an unproduc-
tive taxable, pursuant to said enactments
~ such reg gulations, waa Ia accord with
the true meaning and purpose OF the
constitution, that he, aud nll those who
have been similarly gsccrtaiued to be
uDproducttve taxablas for q particular
year, shall not bo qualified for assess.
ment Tor such year. Suoh citizens, In
constitutional contemplation, aro not
permitted. under the said provision OF
article =, 10 qualify as electors by the
payment OF tax for such year, and
hcncr cannot belong to the vctlng class.
'For this reason tho sa'J provisions OF
tho act OF 1873 arc not inhibited by the
Injunction OF section 8 Of ar,ic,e |, that
all elections shall bc free and equal. Thi,
injunction does not apply to those who
have neither right to vote nor TO quail.
iy a. an elector undor tho Constitution
Of this State, which establishes, cxclu.
sively, tho qualifications OF those entitled
10 vote therein.
-
"Ihs conclusion, therefore, seems up.
avotjAble that the said provisions OF The
act Of 1878, considered with reference to
The case 0t the plaintiff as presented by
the record, are not unconstitutional and
void, but the contrary; aud that It should
be SO certified to the court heiow."
JUDGE Bousros's OPINION.
The venerable Judge Houston had no
exhaustive written opinion but what he
eaid will have powerful weight with the
people He said hc was very well con.
vinced without such claboraie research
that the Law was unconslt ,utionai. and
continuing, he said:
ITO inc II haa always been an interest.
lug question Just what this provision In
the Constltution referring 10 taxation
really mems. ] remember very we'll
John Gilpin. who drew the tax law OF
lbI'i, which was timilar to the law OF
| in73. We were young lawyers together.
and although he held that law was Con
stitutional, ! slways had my doubls
about It. l have not made any study
Of ,his act Of 1873. bu. inasmuch US I
think II Is In coutraveEiion OF the Con.
s'ituliop, wish to rouiIne my remarks
to the legal view Of the case under con-
siicratiou.
The Cons'itut'on unquestlouab,y SAYS
that every citizen shall have the right TO
vote. This right has belonged to them
from tho very formation OF the Govern
nrnt. IL 10 . fundamental and Inherent
right that belongs TO the citizen mailer
the Consultation TO vote at all elections.
In the colonial days tho right TO vote
WAS assured 10 ffecmeu. 1hey wers
called freoinen then, but upon the Tor.
nation OF our government they were
given the name OF citizens, and every
citizen was accorded the right u vote
lie was constituent member OF this
Government at tho time and before IL
WAS founded. African slavery had be.
fore That been Introduced into the State
aud even women OF the white race were
| not considered on q par with tho msies
OF that race ia this respec.. Tha rie ht 10
| vote wss lin ted expre. sly aud exc,u.
siye'y tn every male citizen OF the re-
puisite sge md po sessing tho other
qualifications prescribed. Thus It is
evident that tile msaning and intent al
tho Constitution 10 that every male clli.
zen OF the State possessing the quaiiilca-
tions shsli have a legal right to vote at
what arc now term Il general elections,
and, while IL ooncedes and recognises
his right to vote at such elections, IL pre-
| ser.bes among other qualifications that
~ """" ""'e Pa" SSuu'g taA Within
| two years.
TAX PAYING NOT THE ONLY ouALIricA-
TloS.
''Bnt the simple payment OF tax did
not alone qualify him to vote. 1t is an
attcfthought. II matters not how much
property lie owns or how much taxes bo
pays, II man Ia not citizen he cannot
vote. IL is the citizen who has the right
/ n aud VA stttYat t,aa h.t
conferred upon him by the constitution.
II the provisions ot the statute OF 1873. 10
question, or the practice Of the said I.ayy
Court under II, OF striking from the as
sessment lists OF their county, with a view
to deprive thereby any person unlawfuly
oi Ills right to vote AT any e,action Ia said
| county, u established, and | bslleye II
has been In this case. then have no he a.
tatlon III saying that the provisions OF the.
statute In question and the practice of
thc Levy Court as aforesaid, are In my
opinion both In direct contraventiou OF
The true meaning and intention OF the
Constitution, ana are consequently ille.
gal and void. II was intended that every
person entitled to vote should have the
right 10 vote. H., therefore, the stature
has tile effect to impede. Impair or limit
citizen IN his qualifications TO vote II Is
unlawful. II was intended that he should
have every opportunity to qualify himself
and that no impediment should be placed
IN his way.
''In this caae think tue plaintiff was
deprived Of cnnstil utlonal right. And
this ri, ht is not to be considered IN the
sense oi a privilege, as has been said
The word privilege contemplates some.
thing that ono person confcrs upon
another ibat he could withhold. The
right Of suffrage is not q privilege In any
leDee Of Tao word. l ain therefore, free
to say, that 10 this ase think the pl lin
til Is entitled To Judgment IN nominal
snm for being uniawiuliy deprived Of
Lis right to vote"
At the conclusion Of Judge Houston's
opinion, Judge Paynter said hs had not
written an opinion on the case Tor tho
reason that he knew two of bis associates
had done so. lie tail there was no
dou.t In hs mind about the constitu-
t.onality OF the law aud he concrrie cd
heartily In the expression OF opinion
given by Judges Comegys and 9rubb.
1t now only remained for Chancellor
Salisbury to speak. A majority Of tho
court had already decided the case aud
In doing so had gone over the ground so
thoroughly that there was little left for
him to say. IL did not take long to dis.
cover that HE MUD was clear az 10 what
lie believed about this law. After stat.
ing the case briefly, he said: "Tbe only
constitutlonality. We are not here 10
preach Sc; mons or give long dissertations
upon a,ses.ments, but to decide the point
<nf ututt ttutNt n