Evening journal., 1902-12-03
Wards ANSWER
no MARSHALL
Gives Opinion in Registration Case
as Lawyer, Not as State Official.
Those Who May Register

Attorney General Ward has answer
ed the questions submitted to him by
George W. MARSHALL chairman of the
Union Republican Kent County Com
mittee. In relation TO the special cleo
ton to be held in Kent county.
Mr. Ward did not answer them In his
official position as Attorney General,
but as an attorney. AT the request of
Mr.. Marshall, the answers are pub
lished. In his answer Mr.. Ward says:
Mr.. Wards Opinion
Wilmington, Del. Dec. 2, 1902.
George w. Marshall. Esq, Chairman
Union Republican Kent County
Committee.
MY Dear Sir: I have had handed
me the questions relating to the spe-
cial registration in the Ninth repre-
sentative district in Kent county which
you requested me TO answer in my offi-
cial capacity as Attorney-General. I
have no official duty to perform I'M this
matter, inasmuch as | am not the oiii-
cial adviser OF political committees,
nor even OF the registration officers. In
my private capacity as a lawyer, l
have no objection TO giving you my
opinion
''rhe law applying to your questions
generally, Is found in section q, chap
ter SO. volume q. Laws OF Delaware,
and in section of the same chapter.
Il construe IL TO exclude any person
who was qualified to vote, whether reg
istered or not registered, at the time OF
the last general election, whether such
person resided within or without the
| Ninth representative district In Kent
county. In my opinion, the only per-
sons who may become registered at the
sittings Of the registration officers on
the third and fourth Saturdays imme-
diately preceding the day OF such spe-
cial election, are those who may have
become qualified to vote since the date
of the last date OF the last general cleo
ton, or who may become qualified tS
vote by the day Of such special cleo
tion.
"Your first question Is as follows:
Are those persons entitled TO b.
registered Of the said registration Il
the Ninth representative district II
Kent county and vote at the said elec
tion to be held in such district on De
cember 80, 1902, who have arrived a
the age of 2l years since the 4th da,
Of last November, or who have com
b pleted one years residence in this Stat
J since that date, or who have completes
, the three months residence in Ken
; county since that date. or who hav
= completed the thirty days residence II
} an election district in said Ninth rep
{ resentative district since that date2'
r Il am OF the opinion that all sucl
, persons covered by the specification
! in your first inquiry will be entitled Z
2 be so registered and so vote. provide
2 that such persons were neither quail
F. fed nor competent to qualify and vot
In the said Ninth representative dis
trict or any other election district Il
! the State at the last general election.
p you next inquire:
4 "Is a person entitled to register &c
e and vote at the said special electio
who was entitled to register and vot
( in said Ninth representative district q
] the last general election. but who fai
ed to so register and qualify"
Under the principles above lai
down. am OF the opinion that no sue
person Is entitled to 80 register {
vote. The scope OF the act clearly r
stricts the right to register TO persor
who may have become qualified