Evening journal., 1890-01-25
Declared Constitutional by
the Highest State Court.
LONG OPINIONS HANDED
Voters Who Neglect to Qualify
do Not Deserve to Vote.
THE LAWS DO NOT DIsFRANCHIsE.

Opinion Of Chief Justice comegys-
Judge Grub Maintains That the
Courts Cannot Annul the LAws-chan-
cellor salisbury and Judge Paynter
CoincIde-Jadge Houston Disssnts in a
Brief Opinion.
Special Correspondence EVENING JOURNAL
DOVER, Jan. 25.-Chief Justice Come
gys consumed an hour in reading his opin-
ion in the Friezleben case yesterday.
Judge Grubb's was almost as long, but
Judge Honston's dissenting opinion was
brief. Judge Paynter conceded readily
in the opinions Of Chief Justice Comegys
and Judge Grubb, and Chancellor Sauls-
bury, after reading the statement of the
case, said that he had not the remotest
doubt but that the law was constitu-
tional.
Below will be found extracts from the
written opinions which cover the most
pertinent points involved and discussed:
Chief Justice Comegys's Opinion.
"The questions presented in the argu-
ment of this case by the counsel OF the
plaintiff are many but they are all
within the scope Of those made by the
case stated, and questions reserved
thereon-which, in effect, are whether
the legislation of this state in 1873, set
forth in counsels briefs, is q valid exer
else of legislative power; and, if not,
whether the defendants are liable to the
plaintiff In damages in his action.
ut is not directly denied on behalf of
the plaintilf-in fact il is conceded-that
the power to use the ballot Is enc of those
derived from government, or the politi-
cal society in which the elector resides.
At the same time the contention here is
the outgrowth of the idea that the
primary object of the government is uni
versatility of electorate. 1t is, of course,
entirely consistent with the hopes of most
men, members of political body las one
Of the states Of the Union) that every
person recognized by society, as sui juris,
should participate in the ballot and all
such it Is believed are accorded that priv
ilege 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 para
mount duty of organized society is not to
make the use of the ballot free to every
such person; but TO provide the means
for its own snstenance-whicn is d0Ae by
taxation--and after that, but altogether
subordinate to it, however, to secure to
the payer Of taxes, not the mere taxable,
the privilege, or right, as it is generally
called, to vote at elections. There is no
natural right to vote it is one conferred
by community at large upon certain Of
its members, which implies the power
and authority to Withhold it from others.
The whole idea Of our original govern
ment-that bsfore 1776-was that only
those who paid taxes should vote not
that all should vote, but Only those who
helped to support the government. 1t
was a privilege conferred upon such and
such only"
Here follows a clear. comprehensive
and convincing historical discussion and
review of the assessment and tax laws of
Delaware and Pennsylvania, extending
back to the days of William Penn, and
before.
From this review of the Jaw, which
has always prevailed here in regard to
the qualification of voters, two things
seem TO be clear-that is, that the right
to vote was conditional altogether upon
the payment of taxes previously assessed
scot and lot, as tersely expressed in
the homely but perfectly well understood
language of the ancient enactments
and, that the poll tax was adopted a
hundred years at least before 1897 for
those who had nc property. Under the
old system, there could be no privilege Of
voting by any without paying his part
towards the support of the government.
The theory then was, that no man should
enjoy the privilege of voting for public
officers, unless he paid for it by adding
the requirement of tax upon
him to the general concession for
the maintenance Of the state. The
privilege was conditional upon his doing
that, in some form, voluntary OF by com
pulsion. Pay your taxes and you may
vote said the law; which shows that 1t
was only upon compliance with a condi-
ton that a citizen could cast the ballot
all arguments, therefore, which are the
offspring of any notion of inalienable
right, have no place in the discussion.
The right to vote was in the old time, as
now, conditional upon several things
citizenship, majority of age, payment Of
county rates and levies. II was and is
but privilege, or right, sub conditione
and those who fixed the terms Of it were
strangers to any other idea than quid pro
quo-'scot and lot Such modern ideas
as manhood suffrage Gf by that be meant
suffrage because OF full age. ballot for
all and slavery without the ballot, were
properly left to be evolved out of the
consciousness Of visionary theorists with
aspirations for q state of society dreamt
of only by those who would substitute
our poor humanity for the great Crea-
tor
Then follows further historical discus
sion; review of certain sections of the
old constitution OF Delaware, and a
! lengthy discussion and review Of the
assessment and tax laws of the last half
century, and Of the act involved in the
case, that of 1878.
And by section of chapter 372 Of
volume XIV of the laws REV. Code XCl
il is made the collectors duty within
thirty days after he has received his du-
plicate, to give public notice by adver-
tisements posted in ten or more Of the
most public places in his territory stating
his place of business or residence. and
his readiness to receive taxes; and it is
also made his duty in the month 'oi
January in each year again to give public
notice as aforesaid, of at least ten days. SAID
notice to state che times and places al
which he will attend to receive unpaid
taxes 1t is then made the duty Of the
Levy Court, upon proof by the collector
affidavit fled in the office of the clerk Of
peace, setting forth that he gave the
notice required, and that In accordance
with the last required notice The did at
tend at the time and place designated,
and there remain for the space OF FIVE
| hours aaeh daw for tLa rariod Of ~ lea II