The Providence news. (Providence [R.I.]) 1891-1906, 1896-07-23
$50 O'CLOCK
RIGHTOFVOTERS
Important Opinion by the
Supreme Court.
Sale of Property Does Not
Work DisfranchiSement.
Rights of Citizens Who Vote on Ger
tificate Explained.

At noon today Judge Lippitt received
from the judges of the Supreme Court
their opinions upon the two questions
asked by him on May is in response TO a
request of the Board of Ianvassers and
Reg stration. The questions in point
were: First-Should real estate voter
who had paid the tax assessed upon his
real estate during the preceding year. be
removed altogether from the voting list
upon the execution of such conveyance
as no longer brings him under the head
OF $50 qualifying," as provided, or
should he be added to the reg istry list to
vote In all elections occurring during the
remainder of the calendar year next sue
ceeding the date OF conveyance, or should
he be added to the list of persons who
have paid a tax assessed upon their prop
erty for all elections occurring during the
year next succeeding the date of pay
ment OF such tax and then be removed
from the voting list altogether?
The second question asked was: ls
person qualified by age, residence and
citizenship in a given city or town of.the
state and who owns real estate
in another city or town OF the State
qualified to vote in the city or town OF
his residence otbewise than for officers
VINO are specifically enumerated, to
wit: General officers of the State and
members Of the General Assembly. That
is 10 say. is hs qualified to vote generally
therein for any city, town, ward or dis
trict officer at any municipal or town
election; is he qualified to vote for ell c.
tors of President ana Vice-President,
and Is he qualified TO vote therein for a
Representative to Congress.
otter cue deliberatiop. the judges of
the Supreme Court submitted the follow
ing, which is given in toto:
To His Excellency. Charles Warren Lip
Pitt, Governor of the State OF Rhode
Island and Providence Plantations:
In response TO Your Excellency's re-
quest for our opinion on certain ques-
tions propounded by the Board of Can
vsssers and Registration OF the city Of
Providence, wo have the honor to submit
our opinion as follows:
In constituting the laws relating to the
election franchise, it must he borne in
minu that the rights oil voters Of the
several classes known 10 our laws are
tion. Our statutes are not intend
ed to enlarge or diminish these
rights, but 10 provide modes in which
they may be claimed and exercised. We
ssy then in answer to the first question.
That a person qualified TO vote only un.
ger provision OF article 2, section of the
, constitution, who alienates all his real
estate, is no longer SO qualified, and bis
name should he removed Immediately
from the voting list. 1t may happen,
however, that such person Is qualified to
vote as registry voter, and If so, and he
has resided in the state two years, and
has, as the question supposes, paid a tax
In the preceding year, real or personal,
assessed at Si3i or more, IL not already,
there should be added to the list in the
second clause of section 3 of.chapter of
the Public Laws. The tex specified in
tt,I., Of q tla a &c
stitution is one levied upon property
without discrimination as TO it's kind.
We find no provision in the constitution
disfranchising such a voter when he
loses his personal property or alienates
his real estate. In other words, as there
are two kinds of qualifications. one by
ownership OF real estate and the other by
registration, or in the case supposed by
registration anu the payment of tax, II
the person possesses eithsr qualification
and the requirements OF aga and residence
arc satisfied, his name should be horne
on the list OF persons similarity qualified.
The second question ss far as IL relates
To State and town or city officers, is an-
swered by the Const tuition. One who
votes upon certificate can only vote for
such officers as the Contribution specifies.
that is 10 say, she shall have right to
vote i'm the election of all general officers
and nom bers OF the General Assembly.
Constitution. Act 2. See. ].
Under tie provisions OF the Constitu-
tion of the United StateG Art 2, sec. i,
he is qualified to vote for electors for
President and Vice President Of the
United States, for the provision reads:
each State snail appoint, in such man
ner as tho Legislature thereof may direct.
number of electors" otc., and the
Legislature of Rhode lslanG has directed,
General Laws, Chapter Is. Sec /, that
the people of this state who are qualified
to vote for general ..officers shall choose
the electors OF President aud Vice Presi-
dent OF the United States to which the
State is entitled.
Such person is also qualified TO vote for
Representatives in Congress because he
IL qualified to vote for mombers OF the
General Assembly by our Constitution
and by the Constitution of the United
States, Art ], sec. 2, IL is provided that
the elect ors for members OF the House of
Representatives in Congress "Shsll have
the qualifications requisite Sor electors OF
tho most numerous branch of the State
Legislature" (Signcd)
CHARLES MATTFsoN,
JOHN III. STINEss.
Il. 4. JILLINGHAsr,
GEORGE ID. WILBUR,
HoRATIO ROGERS,