The sun., 1903-10-20
ARE YOU MARRIED OR SINGLE?
VAL CARLETON ILLEGALLY AR
RESTED BY ELECTION OFFICERS
Legislature Has Not Authorized and Has
No Power 10 Authorize Catechism OF
Hotel LOdSers Prior to ReEistration
Justice Leyentritt's Decision.

Because the ques, ion Are you married
or single?" was put to him prenaturely
by State Superi, terdent of Elect ions Nor
gan's deputy, j. D. Maher. Supreme Court
Just ice Leventritt discharged fion custody
yes erclay Valentine Carleton. the Occi-
dental Hote lodger who was arrest ed and
held for trial for refusing to answer the
question at his hotel. long before the first
regist ration day. Justice Levent ritt holds
that while the quest ion is fair one, as
tending to establish proof Of an int ending
voters legal residence, yet he should not
be required 10 answer it before he regist ers
or at, emp,s TO do 80. Justice Levent ritt
odds that he thinks the quest ion, Are you
married or single?" should mark the limit
Of what an int ending voter may be asked
alorg this line. He says:
The relator was arrested for a violation
OF Section oil the Metropolitan Elections
District law, making 1t misiemeanor to
refuse information TO deputy appointed
mitted on the second day Of october. prior
to the first day Of registration and more
than the twenty nine days before slecti99n: 9n:
lodging house. inn or hotelkeepers to fur
nish the Superintendent OF Elections with
the names OF the lodgers who claim voting
residence.
Whatever power may be vested in the
deputies, ! am satisfied that Its exercise in
this particular case was premature. The
deputies, under subdivision l of Section
may Investigate all questions relating to
registration of voters and for that purpose
inmate i and proprietor or land
lord thereof or therein as to any per
son or persons residing or claiming to reside
therein or thereat' This section Ia the
measure of the deputies power. and under it.
am of the opinion that their inquiries can
authority for asking any questions is derived
from the power in the Legislature granted
by the Constitution to make laws for "ascer-
taininE by proper proofs the citizens WIG
lConstitution. Article ii. section ~.
is the ehSa Se Of Hoe
are qualified to cast votes II Is
part of the machinery Of elections and is a
reasonable regulation WHICH oonduGss Y,so5 to
ex rel. Stapleton Va Bell lle n. Y. l75. lslJ
Therefore person who registers. or seeks to
register. subjects himself to such reasonable ne
necessary 10 establish the proof which the
Constitution says the Legislature might re-
ouire The Iesislatnrs has ,Inns not st,emaR.ad
has no intention Of ,reeisteri3s, chances to
10 be an inmate OF q hotel or lodging house.
troll elections and can have no relation to
non participants, BY -reRistration an in
tending voter subjects himself to the con-
templated control. but not before. While
the deputies may make. such independent
inves,ira tion as they see ft prior to repistra-
tim / find no authority for intsrrogating an
individual who. thcv, believe. riH register,
The safeguards which the law has wisely
sought to create so ns to preserve the purity
OF the ballet are designed to test tho intending
voters Qualifications. but they do not reach
the particular individual until by reHistra-
tion or attempted registration he has sought
to qualify,
II may b" pointed out IN passing thst IN.
precise question objected to is embedded
in TIE n''davit required by legislative enact
mcnt where the right N rorister is chal-
len god ELECTION INV. subdivision, az II il is
material there ms testing qualification by tend
ing 70 establish residence. II is difficult to see
whv il Is not equally material in a preliminary
application having the same end in view.
The fear expressed that permitting such a
question wouli lead to others is not justified:
first because the scope of an inquiry Of this
kind Is clearly indicated and limited by leeis-
lative enactment. and. secondly. because
the nateriality OF any question as tending
to prove qualification or to test residence
ia not in the inspectors or the deputies but
in the courts In nv opinion the question
asked marks the legitimate limit to which
inquiries may be pressed.