Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-01-30

who had property Gf an assassabe nature,
and could not II they desired, escape the
payment OF scot aud lot and to others hav-
ing none, but with maniness above taking
advantage OF Il too liberal statute and pay
Ing biennially that this state OF things
should continue. Accordingly the legisls-
tion OF 1878, both for assessment of persons
and the collection of taxes, and allowance
of dellnquents and deposition OF them was
passed. say accordingly, for tts obvious
import is as / nave described 1t to be. Ii
there was any other motive for adopting 1t,
than to secure the better payment OF taxes,
it doas mot appear on the face of It, nor are
we warranted In referring to 1t. A court
cannot LOOK behind the pain features of an
act OF assembly perfectly simple in itself, 10
hunt for soma secret purpose, unless such
necessarily eyists ae shown by the opera
ton OF the act itself.
The plaintiffs counsel contend that the
objscr OF the legislation Of 1873 was the
disirencnisemtnt of voters, and that its
effect has been to deny the ballot TO citizens
who should exercise It. Ia order to make
their point good, they have given the court
nn example TO show how voter Is by the
law deprived OF his right to vote. But the
example is impossible, except upon an as
sumption that the party having the right to
vote Is defeated, or dep lpe1 OF It In spite of
his Efforts to enjoy 1t. This ia pure assump-
tion, the TACT being thar tn law cannot
operate without the cooperation or con-
sent OF tbs complaining patty. II he desire
to vote at elections, ha hss nothing 10 do
but sea to II that his name Is kept upon the
assessment iist and II Will be retained
there, and he will have the right TO vote
because Of that, according to the constitu-
tion, II hs viii keep up, like other people
In like case, the payment OF his tax. II he
fail 10 pay within two years OF the election
ho cannot vote, by the constitution; AND
ought not to vote. He Who will noe con-
tribute his part to support the government
that protects him, ought not to be allowed
by the use OF the ballot, TO neuualise the
vote Of another who does.
And he who will not give himself the
trouble to see that he is assessed, sleeps
upon his lights; and for him the maxim
"nou dormientibns, sed ylgilantibus leges
suDvGnient" has appropriate application.
Treating the suItage as II valuable poll.
teal right, TO be exercised consoientlously
aud intelligsntly, and for the public rather
than the welfare OF party, 1t would have
been much bet er for the State, II that feat.
ura OF the act of 1873 which provided for
dropping from the assessment lists those
returned delinquent had been re-enacted ia
the act of 1873. For 1t is not true that de-
llnquency is the effect of poverty. There
are none SO poor that they eannotp pay their
poll taxes, which for them is scot and lot.
Less than two days hire out OF the wages
OF the common laborer being sufficient for
that purpose. LgboE everywhere and
always among us, 10 in demand. There Is
no hardship upon any IN requiring him to
pay his taxes which in this State are county
taxes alone, there being no general State
tax Of any kind Men who live by their
labor, or without work who have no prop.
ertY are assessed for poll so low RS TO be
almost insignificant. 1t Is not poverty that
~. M oil lttr n ~ ~ NJ
citation OF the moral and political nature OF
the fCanehise-which privilege IS prl2 Sd by
many white men, and the mass the
colored, simply because II enables tn m 10
get money by the sale of 1t. lha notorious
practice Of purchasing votes By all parties
here, as we'll us In other states, att SITS the
truth OF this assertion, and iustiles the
opinion expressed before, about the rs-en-
actment OF the feature referred to In the act
Of 1843. That act was not repealed, as has
been said because 1t was deemed uIconstl-
| tuttonRl; but the real purpose OF 1t was to
relieve the party just then accidentally In
power from the burden Of paying the taxes
of their proletariar.
Taxes being necessary to the support oil
government state has the right TO adopt
any measures, sh IT OF actual disiranchise,
| ment, to compel their payment. No Que
doubts the validity OF the provision In our
statute for imprisonment OF nOu-psylpg
taxables; would the law be unconstitutional
because the collector might choose to take
the ultimate course, upon the eve of an
election, to shut up In jai non-paying citi-
zens to whom 1t applied? Why would 1t moi
| be ? Simply because Imprisonment is ar
extreme remedy for non-payment OF liabili
ties, as old as the law. Then II such pro
| vision be valid, why is not that for drop
| ping from the assessment list for twelve
months valid Such an imprisonment a:
mentioned, would effectually cut off, pre-
hac vice, the suffrage right; whereas The
dropping from the list would, under thu
| circumstances pointed out by the PLAINTIFF
counsel, do nothing more; and In that cast
the dropping could rot be otherwise bt
taken than as done by the voters CO asent
who had almost whole year In which t
| pay his poll tag, and thus save himsel
| from delinquency. II the operation of tht
legislation of 1873 was. proprio vlgors. tC
disrrsnehise voter By preventing him from
| paying his taxes as Others are obliged Il
DO, there would be force in the erSumen
OF tho plaintiffs counsel; but as 1t does no
| 80 act, and never at all except as a oonse
| quenee OF his own neglect, which many
others In like condition OF In life do no
suffer themselves to be guilty Of, It capno
be charged to the law that he loses tenn
porarl!y the privilege Of voting. b.
opportunity to retain It. He has sim
ply omitted a duty he owed to him
self, and to the publlc-if such persons car
be supposed TO be under any obligation L
the body politio--aud deserves all the con
sequences resulting from his indifference
| to his Interest. without II can be shown
| which ii was not, and cannot hc, (and tina
| fact seemed To enbarrRs5 the learned coun
sci In their elaborate arRumept) that TIT
legislation OF 1873 distfanchises a voter il
| spite OF himself, or takes Eoms advantage
| OF him against which he had no means d
protecting himself It Is too much to GsE
this court to avoid II MS unconstitutional
and violation Of the organic law OF thti
State.
1t seems not necessary TO say more thas
this, III regard to the objection 10 the legiH
lation on the grouEd ~ It's alleged hostility
| to the Fourteenth 3uI Fifteenth Emenl
ments oil the constitution OF tna United
1 StAtas--thGt in tnls Htate everv mSu tigl
or puor, black OF white, hHs the equal pro
| tectlon Of the laws all times, whethgc h(
| bs a legal voter or rot; the ability to yoti
! bsing no more Necessary 10 secure that 0t0
| lection lii his aRss, Than IL inst OF woEeI
apG minors who, and whose property, ar,
| "a much under ths shield OF the LAWS pro
| lection, rs is thgr of ehY mal, Er6at ol
| small. delinquent taxable Is rs uluct
safe guarded 10 his personal rights, Gs is b,
| who OWES houses and land. The MOTTO.
| thEl iue IlkAt ~ tAeit se LilO HhlthHo 10 u
Delaware, necessary for th5 protection 0
ones person or properly, u purely ianpifUl
and without any reality OF reason.
The Fifteenth aneAiment was meant L
! secure the Right 10 vote to G0iOred people
! and has done 1t everywhere. Their de
| libqurrey generally ss tax payers, o.
| failure to become assessed, i5 NOT the taul
| OF The statute, aud enurot prcpetiy b,
charged against It. To hold thi assess
msnt act void as In conflict WISE hat amlnd
meut, would be n strain q Interpretation
which would seem to be repuguant to plain
| common sense.
Then Judge Grabo delivered his opin
ion, Of which tho following is u full