Evening journal., 1915-01-08
2 3. FaEMcA- soLR!ERS klLLkLAe SOW - :. I


legal construction is governed by |
the connection in which it is used. /
For instance. foreign laborers who
come 10 the United States in search
of work. leaving their families at
home and are employed in construct
ing railroads, etc. liable to be dis
charged at any time and free TO
leave their employment when they
see fit and living in rough shanties'
built by the railroad contractors, are
not inhabitants of the town in which
they work for a year.
In New Hampshire. an inhabitant
does not include an alien or unnatu-
rallied foreigner.
The Supreme Court of the United
States, in Walnut VS.. Wade, 103 L.
S. GS3. decided, that in a statute
providing that a majority of the il
habitants of the town, to be ascer-
tanned by an election. might au-
thcrize the issue of bonds, the word
inhabitant' means. a legal voter"
/ Il is equally well settled that the
words of an instrument OF writing.
/ their intent and meaning, must be
construed in the light of the law as
| it existed, at the time and place OF
the making and execution of the in
strUment.
The present territory of Delaware
was at the time of the granting of
the penn Charter" a colony oi
Great Britain and primarily governed
bv its laws. Under the law of that
country. at that time, no person, eX-
cent a citizen of that country, was
permitted to take and hold real es
tate. either bv descent or purchase
and he was under the same disabili
ties as to trusts and uses, arising ou'
Of real estate In each case the pro
, pcrty would escheat.
Sir William Blackstone, in his
7 commentaries on the law of Eng
D. land. SAYS: "If an alien cotld &C
b quire permanent property in lands
he must owe allegiance, equally per
. manent with that property TO th'
King Of England" He cannot serv
two masters at the same time. 81
J that in order to hold lands. he mus
become naturalized subject OF citi
zon of England.
taries on American Law. says: u
aliens come TO this country. with tn
intention of making it their perms
nent residence. they are still alien
and are unable 10 hold a freehol
interest in land. or to hold any civ
Office. or 10 vote at any election, G
: to take any active share in the aC
q ministration of government"
10 ~ 10 Z
y the Penn Charter" II therefor
& conclusively follows. without regar
q to any other qualification. that n
81 person is qualified to vote at a
n election for trustees Of the New Ca
"a tie Common. except, native or M
b turaIized citizens of the Unite
y States
q But in addition to his persons
n qualifications, as I have stated ther
n tho legal voter, must also posses
81 rertain property qualifications, I
wit. he must have a freehold in u
a town. cor otherwise pay year
rent of forty shillings per annum
A freehold is an estate of inheritan'
or an estate for life in land.
IL The meaning of the words use
in the Charter. cor otherwise pay
IL yearly rent of forty shillings p'
IS annum." is somewhat obscure. Bu
q when taken in connection with Il
n previous words, which confer Il
y right to vote upon a freeholder, al
also in connection with the leg
n character of land tenures then g
AZ listing in England, are sufficient,
y nv mind, to show that the frame
of the Charter. insofar as a proper
E qualification was concerned, intend
only to extend the right to vote
III those renters who we're bona fl
renters from the owner of the fre
hold. That is, such inhabitant, shi
have a freehold, "or otherwise
he has no freehold), he shall, "p
q a yearly rent" etc.
Rent" is a species of properi
known in the law, as an "lncorpore
hereditament." 1t is not the thi
corporate. itself. such as lands, ct
but is something collateral there
and issues out of those lands, etc.
is technical word of the law, a
is defined TO be, "A certain profit
3 suing yearly. out of lands and ter
n ments." The trainers of the char
apparently used it. advisedly a
with a full knowledge Of its lei
significance. They took care
plainly express its essential e
ments The profits must be certa
to wit, forty shillings per annur
The time must be certain, to wit,
yearly rent"
In my opinion, a freehold was
tended to be the basic property qu;
fcation of a voter. That is, il v
4 in
q owner of the freehold, or in his
mediate tenant for years in poss
sion.
Mere dodgers, boarders, visitc
hirers of rooms in hotels, board
houses or other places, are not,
my opinion. within the language a
intent of the Charter and con
mN quently are not entitled to vote