Every evening, Wilmington daily commercial., 1922-03-11

"'Section 2. Every male citizen OF
this State OF the age OF twenty-one
years who shall have been n resident
thereof one year next preceding an
election. and for the last three months
n resident OF tho county, and for the |
last thirty days resident OF tho |
hundred or election district In which |
he may ofYer to vote. and in which no |
shall have been duly registered as
hereinafter provided for. shall be en-
titled to vote at such election In the |
hundred or election district OF which |
he shall at the time be n resident, and |
In which he shall DO registered, for
nil officers that now arc or hereafter
may be elected by tho people and
upon all questions which may be sub
mitted to the vote of the people,
'The section makes no mention OF
the terms qualified voters or quail
fed to vote The expression Is, shall
be entitled TO vote Thus far, II
would appear. that no ono Is entitled
to vote unless he be first registered.
The elections to which the section is
made applicable are where officers are
to be elected by the people and where
any question IL TO DO submitted to
the people. Whether the elections re-
! ferred to are to be In anywise restrict
ed to elections specifically contem-
plated by the constitution. i shall not
pause TO consider. In passing. how
ever. II may be observed that if the
elections referred TO are not restrict
I'D ~ oh ~ or In OIL
they embrace all sorts OF elections held
In the state. including school elections,
then 1t is very doubtful IL there have
been many school elections constitu-
tionally held i'm this state during
the last quarter OF century by
reason OF the fact that the law gov
erning school elections has allowed
n class Of voters to vote thereat who
have not until recently possessed the
constitutional qualifications to vote.
viz: Women who pay school taxes.
but l hinge nothing on this sug
gestion. Fer the constitution In n
letter provision contains language
that convincingly demonstrates that
Notwithstanding the general language
Of Section .. il was never intended
that registration is a qualification for
voting. Section 4 of Article V is. as
follows:
"'Section 4. The General Assembly
shall provide by law for a uniform
biennial registration of the names of
all voters IN this state who possess
the qualifications prescribed in this
Article, which registration shall be
conclusive evidence to the election
officers Of the right of every person so
registered TO vote at the general cleo
ton next thereafter. who is not dis
qualified under the provisions of Sec
ton OF this Article; hut no person
shall vote at such election unless his
name appears I'm the list of register
ed voters. -"
The Section referred to provides
disqualification for bribery. Tho
words In bold type indicate n clear dis
tinction in the constitution between
being a qualified voter and a regis
tered voter Qualifications are
recognized as existing as distinct from
a right 10 vote. That is TO say. "A
/ voter must possess certain qualifica-
. lions. the possession OF which entities
, him to be a voter. but tho existence
of these qualifications must be evil
denced by registration before no Is
permitted TO exercise his right as a
! voter.
III II be. however. that the view
} just expressed is not justified by tina,
portion OF the constitution thus far
considered, a further provision APP
pearing as the last sentence in the
I fourth paragraph of Article V makes
! II indisputably clear that II registra-
= ton is constitutional qualification
E of the voter. it can only be so with re-
: spect to general elections. That sen
2 tenCe Is. as follows:
= Registration shall be required
only for general biennial elections al
r which representatives 10 the General
{ Assembly shall be chosen. unless the
] General Assembly shall otherwise pro.
n vide by law
e whatever. therefore might be said
4 with respect to the intent TO make
e registration q qualifica ton OF voter
s az the general elections held in thf.
= state. this clause Enthusiastically in
$ dicates that the constitution does not
+ intend TO make registration a quail.
n fication Of the voter at other elections
a II leaves IL for the Legislature TO de
\ termine when and at what other
= elections voters shall be required {,
q register before being allowed 20 vote
5 The tax election held In Claymon
; Special School District was, OF course
6 not a general biennial election. ant
(. the only question 10 be further con
= sidered is. therefore, whether IN,
k Legislature has been fit to 'otherwist
g provide by law for the registration
h Of voters at that election.
a Chapter 100. Volume 80. Laws o
= Delaware. under which the electicI
g was held. does not provide for a regis
y tration Of voters II there IL any pro
= vision by legislative enactment re
E. Quiring such registration at schoo
= elections II must. therefore. be foun,
h elsewhere. Solicitors for the com
q plainant contend that registration a
n such elections has been provided 70
IS by the Legislature in Chapter 80
l. Volume q, Laws Of Delaware. ap
d proved May q. 1898. and the variou
: amendments thereto. This act know
n as the general registration law Of IN
= state. IS entitled An Act Providin
IS for u Uniform System OF Reglstratio
e Of All Qualified Voters in this State
+ It's first section Is. az follows
d Section !. That for the purpos
y Of preventing fraud at all election
l. held on the Tuesday next after tn
v. first Monday In the month of Novenl
> Der. as provided by Section ! Of Articl
IT 5 of the Amendment Constitution, an
e facilitating the ascertainment Of thos