The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-05
ARE YOU MARRIED OR SINGLE?
LAWFUL NESS or VAL CARLETON'S
ARREST IS QUESTIONED.
election Onicer Asked Him This Question
at His HOme-He Was Not Under
subppna-He Was Arrested for Re-
fl.lng to Answer-What Law Says.

n, His HOme-He Was Not Under
subppna-He Was Arrested for Ne
fslng to Answer-What Law Says.
The action of John d. Maher, Deputy
Superintendent Of Elections. in causing the
arrest of Valentine Carleton of the Occi-
dcn-al Hotel on Friday because Carleton
refused to tell Maher whether he was mar
red OF single. has given rise to two ques-
tons
First, did Maher act within the election
aw in causing the arrest, and second, is the
election law constitutional anyway?
On the facts in the Carleton case that
we're at hand yesterday afternoon. one
eminent lawyer in this town, who 10 often
required to give opinions on the constitu-
,ionality of laws and their proper execu-
ton. was inclined to the belief that Carle-
tons arrest was without warrant in
law, and that he was acting we'll within
his legal rights in refusing to answer the
question put to him. This same lawyer did
not hesitate to say, moreover. that tho first
time the question was properly raised the
election law for the metropolitan elections
district would be declared unconstitutional
in certain respects. In expressing this
opinion he said:
carleton was held up in hotel. declared
,olr his voting residence. and asked, among
other questions. whether he was married or
single He refused to answer and was
thereupon arrested.
Section I, Chapter ga, OF the Laws OF
1900 empowers the State Superintendent
of Elections. and him only, to issue SUBJ
punas for the purpose Of investigating
any matter within his jurisdiction and OF
aiding him in enforcing the provisions Of
this act. such subp9nas to be tested in the
name of the State Superintendent Such
a subpoena may be served by the Superin-
tendent, by any deputy appointed by him
or any police or peace officer within the
district. Any person who shall omit,
neglect or refuse to obey subpoena attested
in the name of the State Superintendent
or who shall refuse to testify under oath
before him or his chief deputy, is guilty Of
n,isdemeanor.'
carleton was arrested because he refused
TO answer one Of the questions put him
a. his hotel. There is nothing in the facts
before me to show that he was called upon
10 testify regarding himself after he had
been served with subpoena. So far as
] know, no subpoena was served on him.
las a matter Of fact none was.l There
fore I say he was acting quite within his
legal rights in refusing to answer this par
lCular question or any other. Indeed,
he mig Int properly have told the Deputy
Superintendent, after the very first cues
,ion asked him. to go to the devil.
The Election law contemplates two
IN, toI, <,itt IN
hised in respect of the act of franchise.
one is in semi judicial proceeding, after
lie has been properly served with sub
poena and brought before somebody le-
gally empowered to ask the questions.
The other is after he has registered and
his vote has been challenged. In the latter
case an Inspector OF election may put to
the challenged voter certain specified
questions. One Of them Is are you mar
red or single? These, the law says, he
must answer, After he has answered them
ard sworn in his vote, no power on earth
Las any legal right to prevent him from
casting that vote.
"Whetna or not the legal requirement
that challenged voter must answer the
questions specified is constitutional
is another matter. The constituttonality
Of the law has never been raised. When
it is, | am of the opinion that, in respect
of some of these questions which the chal-
courts will hold that the law is unconsti-
lutional because it infringes on the private
rights Of individuals.
~To answer some Of the questions speci-
fed, for instance the one asked Carleton,
might tend to incriminate man. Under
our law, a man cannot be made to incrimi-
nate himself. Other questions might tend
to degrade the person of whom they are
asked No person, under our law, can
be compelled to answer a question tending
to degrade himself.
"The 1900 amendments, except as provided
in the case of the issue Of subpenas. to
which I have referred, confer upon the
Superintendent and his chief deputy no
power to question possible voters that they
did not have under the law as passed In
1893 Section 8, chapter 8e8 Of the laws OF
1898 empowers the State Superintendent
or his deputies to:
Investigate all questions relating to the
registration OF voters. and for that purpose
any house house. dwelling, inn, lodging house ' or
hotel within the Metropolitan district. and
interrogate any inmate. housedweller, keeper,
thereof or therein, as to any person or persons
residing or claiming to reside therein or
thereat.
In other words, until any particularper-
son living in hotel or lodging house has
been served with subpoena in aparticular
any of his deputies may enter his domicile
ard ask him, or the keeper thereof, any
other question than, in substance. Who
lives hereY
Therefore, say that, unless Carleton
was served with subpoena, he rightly re-
t, sed to answer questions put to him BY
liz man Maher, and his arrest was wholly
without warrant in law. I say, further
more. that, in my opinion, any law which
requires an American citizen. under any
circumstances, to answer some Of the
4iestions which the Election law requires
even a challenged voter to answer, Is I'M
Constitutional.
There is no more important question
In this country than that which involves
the oitzens right to peaceably, and without
tr'erternnce, so long IA he acts within the
J, ", cast his vote for whom he pleases.
Deputy Supt Maher was asked last
night if any subpoena had been issued
for Carleton He replied:
No subpoena was issued for Carleton.
b"nausa none was necessary. We had
the MN here and in such cases all we need
10 rio is to administer the oath to him.
e'ter which we may require him to answer
tho questions put TO him"