Evening journal., 1890-01-15

case. mike the probation Of re :
, ceipt for tax q sine qua non for the exer-
else of the ballot on the contrary 1t con-
templates that parties paying taxes may |
not have taken receipt or have lost or
mslaid or in fact taken for such, a
form Of oath Of payment Of his tax, as |
well as of other qualifications, is provided |
by section 10 of the General Election |
law (Revised Code. p. 1871, in these words |
"If vote be objected to, its admission |
or rejection shall be determined according |
TO the opinion of majority of the judges |
(of election: but either Of the judges |
may require the inspector to administer |
to person offering to vote on |
the ground of having paid tax, and
being otherwise qualified according to the
constitution, the following oath or
affirmation-You do solemnly swear or
affirm, that you are of age of twenty one
years, and that you at this lime reside In
this hundred, and that you have not
voted and will not vote on this day in
any other hundred, and that you have
resided in this county one month before
the election aud that you have. within
two years, paid county tax which was
assessed at least six months before this
election, etc. Thus, although the
| law pfONluoS tuT IeCelpl TO 90 RiNtu w
the taxable on payment Of his tax, and
the collector receiving the tax, is bound
to give It yet possession of it, or exis-
tence OF It, even, is not essential to the
enjoyment of the right Of an elector
under the constitution. Payment Of the
{ tax assessed Is the essential thing; and
J that may be shown, in the
absence Of receipt, by proof
! of witness to the payment,
] on the oath or affirmation Of the tax.
! able.
AT the same time the payment must
and should be. in the interest Of fair
( election, with the taxabes own money f,
, and not that Of another person; for, 4
9 constitutional requirement Of payment Of
tax by the elector have paid county
n tax, Is the language--could be satisfied
}. by payment Of his tax by some one else
IS with that persons own money, then
4 sanction would be given to bribery upon
4 a large scale--payment of the tax of a
10 voter being one of the means resorted TO
a by all professional politicians TO control
Is the votes of poor men As there are none
s so poor as to be unable to pay poll tax,
l. a taxable should pay 1t with his own
ii money, and not to be subjected to the
ie control of another In the exercise of the
franchise, by the fact such other has
9. paid the tax for him. We think II safe u
10 say that ia the great majority Of In
y stances of one man paying the tax OF
1T another gratuitously, the object at bot
l. tom 10 not charity at all, but TO have
4. possession OF the evidence of the voters
ID right TO the ballot as means Of CONTROL
or ing the exercise Of II In the interest Q
party.
c. Free, fair elections, with an untrani
he meled body Of electors. Is what the well
nd fare Of the state demands; but such can
I'd not be attained II men are allowed to pa,
he taxes for others with money OF the pay
on ers and possess themselves Of receipt
ct therefor. The argument in the case ha
40 developed the fact that the notion Is
n. prevalent one that exhibit of the tax r.
ct ceipt, II required, is a pre- requisite 70
", the use of the franchise With that 1
Ie the mind of the voter, whose tax is pal
to for him, 1t is easy to see that his deslr
K, to vote. with many men passion), vii
Il induce him to do almost anything hi
ny generous friend, who at the cost Of hi
le own money, has paid his tax for him
I'd will ask at his hands Il
the way Of voting. AS, hov
se ever, the task Of col
to lector would be difficult /
r. ascertain from a party Especially sue
in as tender to him other peoples taxes
he whose money he was using to pa
-st anothers tax with, and no concern Of hi
les requiring of him investigation OF h
Wy fact, he can at least, II he choose to
bis so, deliver the evidence of payment {
it, the tax TO the taxable himself, as one
he the ways in which he can discharge HI
r. duty in that respect. Should he rchoos
or to adopt this course. he will, in all probi
As bility, soon realize the fact that offers [
ty pay taxes of other people will fall Of
he sensibly. The county exchequer woulC
ire no doubt, suffer to some extent but
it means Of bribery, controlled by one maj
ain Of the franchise of another, would u
Of longer be used to the same extent I
ler before; and thus elections would bett,
as express the will of the people"
Of This closed the opinion, and the chit
red justice added "The rule to show caul
TO why the writ of mandamus should M
tax be Issued is discharged
it. The chief justice added: "The cou
IN will sit week after next to receive al
the application that counsel for the rule ms
to make, and will remain in session as lor
ent as necessary to hear any application Il
APP tended to see that the collector does b
up duty in receiving taxes
no w. O. Spruance, Esq, stated to Il
for court that he wished TO confer with
ect colleagues, after which he would probab
at give notice of application for a writ
TIA error The trial Of the Anderson ca
leir WAS than raeumed