Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1891-11-06
PURCHASED ~ REceIPTs.
The Principal the same whether Tax or
other Bills are Paid


other Bills are Paid
The following editorial from the Phila-
delphia Ledger is applicable here.
An important ruling on the qualifica
tions of voters was made by Judge Fin
letter on Tuesday, and. though 1t is not
entirely now, II enfOrces former deliver
anoes from the bench so clearly and EN-
phatically that party committees should |
make note Of H. and abandon for the
future the purchase of tax receipts for |
voters. The case Is thus reported:
"Mr Hamburg related 60 the court the |
complaint Of two men from the thirty |
second division Of tho Twenty-sixth |
ward, who stated that they had been
challenged on tax receipts and their
votes rejected notwithstanding that
| they held receipts for poll taxes paid
/ within two years. In answer to the
Judge, Mr. Hamburg said that the re-
ceipts had been given TO them by the
City Committee, whereupon Judge Fin
letter said Then they are not entitled
to vote.
Judge Allison made similar ruling
some time ago, ANA Judge Fell expressed
| the same opinion la contested election
case that was before him in 1885 In that
case Thomas b. Gould contested the
election OF Daniel j. Gallagher as school
director in the Twelfth ward. After vari'
GUS CORE ctions had been made the quss-
lions as to who had been elected turned
on the validity OF 245 votes, some Of
which were objected to because the voter
hao not personally paid tax. As to
these Judge Fell said: We have
counted votes where there was
proof OF authorization or sub
sequent ratification by the voter
Of the payment Of the tax for him.
: But without such proof-as in cases
where the tsx was paid in the name OF
the voter without his knowledge, and he
voted without knowing whether his tax
Z had been paid-we have uniformly re
a ieeted the vote" Judge Fell remarked
that the question had not been euthOrita
lively settled in this case, but that hs
followed decisions already made In treat
ing acceptance Of receipts and voting
a thereon, as acts Of ratification relating
back TO the time Of payment. He thel
2 added
IS If the question was new we shoui'
y have little hesitation in saying that suel
votes were illegal and void, not only be
n cause they are demoralizing TO the voter
tend to lower the tone and lessen th
10 value OF the franchise, and are, there
4 fore. against common honesty and tn
Il public policy and welfare, but also b
cause they are In direct c0ntravention Z
the spirit and letter OF the Constitution
" Article VIII, section J., declares that or
ny qualification Of a voter shall be that
.. shall have paid state or county tal
n. This surely means that he shall hay
AZ made the payment with his own none
~ though 1t may have been by the hands
!" another as his agent As If to set u
ne matter beyond dispute section 5 Of IL
all same article declares that any elect
les who shall agree to receive any money
or reward or other valuable considerable
NJ for his vote at an election, or for wit
I, holding the same, shall thereby forte
nc the right TO vote at such election. 7
ers man who should have his grocery bill
pts any other debt paid for him as an indui
Of ment or consideration to get him to vc
tho would be held clearly to violate this 81
NJ, ton, Yet, in principle, there is no d
IVY ference between paying his taxes a
rtY paying any other Of his debts. That I
language money or reward for his vo
does not mean merely his vote for a
esy particular person, but the act Of voti
and In general, is made clear by the PHI
the that Immediately follows, or withho
~ ing the same.
rs, This opinion by Judge Fell is quot
'ood az length, because in il are given reasc
The which have led Judges Allison. CORD
olu- and Finletter to make such rulings
az. that Of Judge Finletter noted above. Z
law Is plain. Tax receipts bought VIII
~ - sale by political committees, with
ssor authorlz stion from the voters, do
ggs. | qualify the latter TO vote under
gag terms Of the constitution, which reqJ
thst that "he (the voter) shall have pa
n state or county tax Political CONN
tees should make note Of this ruling
81 as Of the reasons therefor, and abandon
that the future the bad practice Of buy
ared tax receipts. They cannot continu
ould do so without assuming the respo
go. bility Of deliberately aiding and abeti
49, the polling of votes declared by
'Ver, Judges Of the courts to be illegal.
That -