Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-09-01
APPEALS FROM REGISTRARS.
Judge spruance Decides That Two Men ar
Entitleu "a, lie Renistered.

heHlueDt A5auclHbb DuuEc Niuiam
@. Spruance sat in the Levy Court
room at the Court House Thursday
to hear appeals from the decisions OF
registration officers. II was the first
hearing under the new law. Neither
crier nor clark ia provided for the
court, and tho judge administered the
oath to the witnesses. This ,latas fixed
for his sittings to hear appeals are
August 25th to 9th, August 30th to
September 80, October 25th to October
10th, and November lst to 7th.
The first case was brought up by
ii. r. Bringhurst, Jr., representing
Thomas =. Sweeney, who appealed from
the decision of tbs registration officers
in East White Clay Creek hundred,
ths Third election district OF the Ninth
representative district The question
in dispute was whether Sweeney was
qualified as to his residence. In pass-
ing, the judge and attorneys agreed that
the law requires residence 10 the State
OF year prior to the election and not
prior to the registration. George W.
Currinder is registrar and Arnold
Naudsip 10 an associate registrar In
the district. They were represented by
William T. Lyman and held that there
was doubt IA to whether ne WAS bona
fide resident, looking upon him az a
tfioRter.
After the point that the residence
must be- for nne year prior to the
general election bad been mRde, Mir.
Currinder drew attention to the fact
that the PERSONS name must be placed
on the primary voters' book and il
was question whether person who
has not been in the State . year was
qualified to vote at the primaries.
That question. however, was not before
Judge Spruance for decision. On the
registration HOOK, the entry had been
made that Sweensy's money bad been
refused and that his wife resided 10
Baltimore, the inference being that his
home was where his wife lived. But
on this. the judge held that while tho
residence OF the husband fixes that OF
| the wife, the residence of the wife
does not fix that of the husband.
| Sweeney was sworn. He testified
| that hs was horn in York county. Pa,
and now resides 10 Stanton, having
been there since October Goth last. He
| is employed as farmland on Mr.
Porter's farm. His wife resides 10
Baltimore, but he said he had not
| lived With her for four or five years.
| He came to this county in September
and proposes to live here il he con-
tinues to get work. At present he ia
under contract to remain with MIR.
Porter until November.
On cross examination by Mr.. Lyman.
Sweeney said that be had quit the rail-
road business in 1893, afterw ards
worked for the Maryland Steel Co.,
then went TO Baltimore, where be was
out of work for come tins and finally
| got farm work at Van Bibber, Md,
near the Delaware line, before coming
into this State.
1 Judge Spruance decided that he was
entitled to be registered. He ruled that
| the registration must be Of today,
although Mr.. Bringhurst argued that
the appeal was from action of the 9Th
and that in Justice to tho man, thu
registration should be of that day. He
said that by not dating the registra-
| tion az OF that day the mans rights TO
vote at primary election might be
impaired. Sweeney raid the necessary
81 to Registrar Currinder and received
his certificate.
Judge Spruance issued formal
order directing the entry Of Sweeney
name as qualified. The former entries
were not to be erased but the books
were to show that he was properly reg.
istered and qualified to vote.
The case Of Alfred II. johnson. col
ored, was also considered by Judge
Spruance. johnson was represented By
Henry @. Conrad. who presented Q
petition reciting that be (Johnson) haf
been refused registration by thu
officers Of the Enst White Clay Creel
district, the same district in whIut
Sweeney rssidss. This ground for re-
fusal was n-residence, or as appeared
from the registration book, "doubt al
to residence. "
MIR. Lyman stated that the registra
tion ofiicsrH thought johnson SHOULD
be registered in the other district o
the hundred. lie understood that the.
had not refused to register him blu
HAD held thu matter uI. To this Mr.
Conrad replied that bis understanding
was that after hearing the matter the.
told johnson to 60 to Newark and
they would not register him there t
swear out q warrant and ''have tn
whole - crew arrested.
johnson testified that he lived Of
Oliver Rothwell's place, Harmon
Mills, sleeps and eats at Rothwell'
and works there Tor the auason, bein
paid by the month. This 10 the fourt
season Of his employment there. II
was burn in this county and lie 90 year
old. In winter it has been his cuator
to go to his father's house, which wal
until last spring, in East White Ola
Cresk. Then his father moved nea
Newark, In the Western district. lib
son helps his mother pay the ront {
. her house, but calla Rothwell'a hi
{ home.
Mr.. Rothwell testified that Johnso
had worked for him several season.
and that he waa registered in that dill
4 trict two years ago. the condition
: being the same with the exception tbs
: his father had moved. u
Associate Registrar Naudain. testifie
. that be had known JOHNSON but di
not know that he had worked fc
Rothwell. Hearing that his father hn
{ moved to Newark, ii was supposed th;
the sons residence would be there to,
9 When he came to register he was tol
8 to see his father and il his father sal
be had cut loose from him, they woul
, register him. All three members
: the board agreed on this and Johnsc
n was expected to return, but did not
y 30. His money had been returned
Q him to keep the registrars accoun
straight
Judge Spruanoe decided that job
son was entitled to be registered. +
y remarked that the man was 20 yea
i old and could make bis residences whe
he chose The judge added that tina
was no reflection upon the registratie
. officers, for they had acted as senRb
3 man xraI1ld NTH tho funfn tha,. h.