Daily Republican., 1890-01-06

One Of the most important questions !
that ever agitsted the minds OF the peo-
ple of Delaware Ia to be decided this
month by the Court Of Errors and Ap
beals, that sits OF Dover, and it is not
The mandamus case either about which
10 much has been said lately. II is
one that tests the constitutonality OF
The assessment and tax collection laws
bf Delaware. The decision of the
nsndamus case may do the came thing
when 1t gets on the same track, but "
has yet TO run the gauntlet OF decis-
Ion Of the Superior Court before it
comes before the Court OF Errors and
Appcals, The case that comes up FOR
veCision this month may TO some OK
lent determine The future course ct the
bther. If the unconslituiionality u
tbese laws are declared, as they even
@ually will be either by cur home court
Or by the Supreme Court Q! the United
ktates, the urgent necessity of iavora-
Bile decision OF the mandamus will not
be so imperative, though the important
uuestion still remains. shall o man be
permitted TO pay his ,axea by power
ST attorney, or has he that right, the
Aeme a. he has the right 10 use tina,
means to pay another d1btp
The present case before the Court
comes up clearly upon its merits
Shall the laws of Delaware be per
mltted to discriminate against certain
class OF Its votersG is the question tc
be decided. The constitution OF th'
United States carefully guards agains
such action in the original document,
and the constitution OF the S ate o
Delaware is equally as emphatic upon
the right OF the franchise. In add.
ton comes the fifteenth Amendmen
TO the Constitution oil the United State
which provides that the right OF citi'
gems to vote "shall not be denied o
abridged by the United States, or b,
any State, on account Of race, color o
previous condition OF servtuie." Thi
amendment was adopted chiefly I
protect colored voters who had bee
emaEcipalod during the war and aitel
wards eniranchlsed, but in Delawar
It is met by condition not met wit
In any other State Of tue Union.
The local laws passed in 1878 10 en-
able tax collectors TO dlsquali'y blsc'
voters, has teen used to disqualit
eyen more whites than blacks. II
made easy for collector by returnil
his delinquelt lists in March AVID for
eympsthetic Levy Court 10 mot 3
upon the return until the last oil Marc
10 disqualily black and White yato
alike for two years, provided that u
provisions OF this section shall app
10 persons assessed, and liable 10 p
poll tax" The latter is the ex6
quotation Of The law kaown as NJ
Bayard's law Of 1873. Here is t
rankest kind of Discrimination aga:i
The poll taxpayer, Willie or black. \
Higgins, since United Stats Senat
and Mr.. Bradford, o year snd mt
----- ago, argued this question before /
Court of Errors and Appeals, cohter
Ing that the .aw Was unGanaNtldo:
in that II Disseminated be,Ween
property taxpayer and the pol! 4
payeI, aud lhat 1t distianthised
latter two years, against The provisit
OF both the STATE AID Cnl;el Sta
Constitutions which guarlntce to
an equal righ, anl privilege p ga
Tor tie exercise OF the trancH d.
The Court OF Ertors and APP,
never had a more mJnIcntOu Q6ts,
10 decide, and tie pell taxpayers
the slste are aEgi'jug thst lecis
with almO-, brcathlcss iucrezt a
cision That tais aisIarGa.saal p
Is Unconstitutional will eu. .uc me-
md the occupation Oh collectors
Levy Courts as 4 -9.u2f!stt5 81
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