Evening journal., 1918-10-24
HITCH COMES over
SOLDIERS Vote
Will be Taken, However,
and Counted Unless Candi-
dates Object in Writing
STATE CAN'T FURNISH
REGISTRATION LISTS
ipscIal 70 The Eyenlng journal.

DOVER, Del, Oct 2i.-Judses Of the
State Courts including Chancellor Cur
tbs, held a conference here yesterday
with Governor Townsend relative to
The taking Of the solder vote in the
coming election. At the conference
Governor Townsend submitted the fol-
lowing communications:
To the Hon. Charles NJ. Curtis, Chan
cellor. State OF Delaware.
Hon. James pennewill, Chief Justice,
State OF Delaware.
Hon. William H. Boyce. Hon. Herbert
L. Rice, Hon. T. Bayard Heisler, Hon.
hen.y C. Conrad. Associate Judges Of
the State OF Delaware.
"Gentlemc-: The question has been
raised as TO the taking of the votes OF
soldiers in the military service OF the
United States, who have registered in
this state at the several registration
boards in the various election districts
prior to their induction into or enlist
ment in the service OF the United states,
and who have not been registered by
HE special auxiliary registrants ap-
pointed by me under 1850 Section ~,
Chapter i6, Revised Code.
1850, Section 1870. Revised Code, re-
quires the clerks Of the peace Of the
several counties TO furnish the election
offlcers at camps, with completes lists
of registrations Of the county in order
hat the name OF any soldier may be
found, who enlisted since having regis
tered as a voter.
"The conditions in this State, occa-
stoned by the war and the prevailing
-tidemic, render it impossible for the
Jerks Of the peace TO furnish the COM
alcte lists OF registration for the rea-
son that the necessary clerical assist
lnce cannot be obtained These con-
1itions are. and have been, beyond con-
lrol and will continue. ! have made
,areful inquiry with respect to the
ability Of the proper officers to fur
nish these complete lists Of registra-
ton. and | am satisfied that IL Is now,
and will be impossible so 10 do.
THE vote of the soldiers ought to be
aiken if there shall be found any possi-
Die way to accomplish the taking there
Of, and IL had occurred to me, that the
secrecy Of the ballot and safeguarding
against fraud may be secured and pre-
served in the following manner: Re-
quire each soldier voter, whose name
does not appear upon the lists fur
who claims to have registered at the
registration board OF his domicile, prior
to his induction into the military ser
vice, to make affidavit on a prepared
form. stating therein the facts which
each voter is required TO state In case of
ordinary registration, and in addition
thereto, the place Of registration where
the applicant claims to have registered.
place the ballot in a sealed envelope,
place the afildavit and envelope in a
large sealed envelope. The board Of
canvass viii be able, upon opening the
larger envelope to compare the facts
stated in the affldavlt with the official
books Of registration, and having satis-
fed themselves OF the correctness OF the
registration, may lay aside the envelope
containing the ballot. After all Of the
comparisons have been made, the pile OF
envelopes found correct, may be counted
"Under 402, Sec. 2, revised code,
have authority to request an opinion
from the judiciary, and ] hereby re-
quest a written opinion as to the legal
ity Of taking the votes OF said soldiers, |
under existing conditions, the legality
Of the method indicated above or of
some similar method, and my duties
under article 4, chapter CO. revised code. |
"In order that may discharge the du- |
ties OF my office with fidelity, ! request
YOUR opinion without delay that all
requirements OF said article Z may be
compiled with by me, and TO the end
that the votes OF the soldiers may, II
possible, be taken and counted
Yours very truly,
JOHN G. TOWNSEND, JR
Governor.
After consultations the judges sent
the following reply:
Hon. John c. Townsend, Jr., M
Governor OF Delaware, Dover, BEL;
Dear Sir--Answering your letter OF
inquiry. the judges Of the State would
respectfully make the following reply.
While the Judges cannot say that the
vote OF Delawsreans in the military
and naval service outside Of this State,
taken in the manner suggested by you,
would be in compliance with the law,
we nevertheless feel that such persons
should have an opportunity to vote
II they are qualified TO do so, although
he machinery prescribed Is deficient
4 such vote is taken and not formally
objected TO in writing by a candidate
At the meeting Of the boards Of can
sass. the same will be counted, be-
cause it is the manifest intent Of the
state that such persons shall be per
nitted to cast their ballots as other
qualified voters Of the State may do.
Signed Very respectfully,
CHARLES NJ. CURTIS,
Chancellor;
JAMES PENNEWlLL,
Chief Justice
VIM II. BOICE,
HENRY c. CONRAD,
HERBERT l.. RICE,
T. B. HEISEL.
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