The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-07
ARE YOU MARRIED OR SINGLEY
PART OF VAL CARLETON CASE
PRESENTED TO SUPREME COURT.
Nobody Has Yet Attacked in Court the
General Procedure OF State Elections
Omcers-Lawycr John Il. Parsons
Can't See Relevance Of the Question.

The Ancient Mariner and his hold-up Of
the wedding guest are not marker to what
Superintendent Of Elections George Wilson
Morgan and his deputy, John d. Maher,
will be unless the courts disagree with these
two officials as to their rights and duties
under the election laws.
Mr.. Maher said yesterday that they had
the right to stop any man anywhere, whether
or not the man had shown any disposition to
register or vote, and to subpoena him be-
fore the Superintendent or his deputy
and there to ask him Are you married or
singlei" and various other questions, an
swers to which might tend to degrade or
incriminate him; also to arrest him on his
refusal to answer.
william Hart said Maher, "was sem
fenced to thirty days because he refused
to answer the question, "have you ever
been arrested? and Valentine Carleton has
been held because he refused to answer
Are you married or single? So you see
the lower court has sustained US"
II man can be induced to be sworn on
the spot without subpoena, Maher holds
that court" is then convened. and that
demeanor to be followed by summary
arrest
Val Cartoons case was before Justice
Leventritt of the Supreme Court yesterday
on habeas corpus. At his home in the
Occidental hotel. and when not under sub
pena, the days TOR registration also having
not yet arrived, he refused to answer
gle?' and he was arrested and held.
II. j. Goldsmith appeared before Justice
Leventritt to oppose Carleton's committal
for trial at Special See sions, arguing only
that the question was not material Deputy
Acknowledgement c. F. Collins, who OPP
posed the writ, commended simply that the
question, Are you married or single?"
was fully within the jurisdiction OF the
deputy to ask, and that therefore the de-
PENDANT must answer it.
Justice Leventritt said that he would
consider only the materially of the ques-
ton in rendering his decision, and that
meanwhile he would parole Carleton.
John E. Parsons when asked yester-
day by Sun reporter for his opinion as
lawyer on the "Are-you-married-o -single?'
question, said:
"The Constitution OF the State OF
New York prescribes that every male
citizen 81 years OF age, who shall have
been a citizen for ninety days, an in
habitant Of the State for one year next
pTtCetllIlR eleCulOn, ana LOT lne laSt Jour
months q resident of the county, and for
the last thirty days resident of the election
district in which he may offer his vote,
shall be entitled to vote TIE Constitution
contains further provisions disqualifying
voters, for example no person who shall
be interested in bet or wager depending
on the result of the election may vote
"The Constitution further prescribes that
the Legislature shall enact laws excluding
from the right of suffrage all persons con-
victed OF bribery or any infamous crime. In
terms the Constitution prescribes that laws
shall be made for ascertaining by proper
proofs the citizen who shall DO entitled to
the right Of suffrage hereby established.
i think that to voters may be put any
inquiry which is pertinent and material to
the right to vote as thus established. l
do not believe that the Legislature has a
right to 60 beyond this. Similar questions
have been involved where Congress or the
State Legislature, directly or by committee
have endeavored to compel citizens to
answer 80 called impertinent questions
and to punish them for refusal to answer,
The courts have invariably decided adj
versely to such power.
Il think that it would require more in
genuity than l possess to make pertinent
to the right Of suffrage in New York the
fact whether the voter is three feet tall or
ten whether he has one child or twenty,
whether he ia married or single.