Every evening, Wilmington daily commercial., 1922-03-11
ClAYMONr MUST PAY
ADDITIONAL TAX LEVY
TO PUBLIC SCHOOLS
Continued from page 1

kNl NpttS lTOill ttt I'ti hhStV
I'd 100 legal votes and that OF these
upwards OF 63 votes were cast against
tho tax. Therefore. IT was alleged the
majority WAS against the tax. instead
OF In favor Of IL. The bill, therefore.
prayed that the collection OF the tax
b. permanently enjoined.
The theory Of the compliments
case wac that persons who were quail
fied TO vote within tho meaning OF
Section 81 were only those persons
who not only possessed the qualifca-
TONS as 10 age. residence. etc. pre-
scribed In Article ) OF the Constitution
OF the State. but who In addition had
been duly regietered as voters provld-
ed for by Article 8 OF the Constitution.
The IS alleged Illegal votes were cast
by people who were not registered vot-
ere
by their motion to discharge the
rule and by their demurrer the de-
PENDANTS relied upon two propositions
of law: That the court was without
jurisdiction and that registration was
neither a prerequisite nor a qualifca-
tion for voting at the special school
election referred 20 in the bill Of COM
RAbtllAs VII ihil klbUliN ulkFl nA lne
defendants Chancellor Wolcott grant
ell the motion to discharge the rule
and sustained the demurrer.
The fun text OF the chancellor opin-
ION follows:
THAT portion OF Section 81. Chap
ter 100. Volume 30. Laws OF Delaware.
under which the tax I'm question is
sought tn Doe sustained. IL as follows:
Section %. Any School District.
any Special School District. or the
Public Schools In the city of VIII
mington, may. In addition TO the
amounts apportioned to 1t by the
state Board of Education. levy and
collect additional taxes for school
purposes upon tho assessed value of
real estate and personal property in
such district. as determined and fixed
for county taxation purposes.
Before such tax is levied. n
special election Shalt he held at the
usual place or places for holding
school elections In the school district.
Notice shall be given for such election
10y notices posted on tho door OF tho
srhooi house where such election is
day Of holding such election and by
such advertisement in newspapers of
tho district or county rs. in the tudg
mont Of the Board Of the district. will
give notice To the voters OF such cleo
tion. In such notice. the amount 10
he raised and the purposes OF raising
the same shall he stated. At such
election every person qualified TO vote
AZ the school election IN the distric;
shall he qualified to vote
An election 10 decide whether M,
additional tax for school purposes
should he assessed upon the real
estate and personal property in Clay
mont Special School District. Brandy
wine Hundred. was duly held under
the provisions Of said Section 81. The
election officers certified that at said
election n total of one hundred and
ninety-eisht votes was cast, that one
hundred and eleven votes were ca.
In favor OF the tax. that eighty-sever
votes were cast against the tax. ant
that there WAS n majority OF twenty.
four votes for the tax. II IS charged
that seventy-e.ght Of tho votes 80
received were cast by persons VIII,
were not qualified voters OF the dis
trict. that deducting these ALLEGED
Illegal votes from the poll. there re
ma!ned one hundred and twenty ieca
votes and that OF these upwards O
siNty-three votes were cast asains
the tax. Wherefore. II Is alleged. tn,
majority was against the tax instca,
lf in - 80
prays that the collection Of the tai
may be permanently enjoined.
The complainant AYERS that he &
q resident OF the district, and a Quail
fed and registered voter therein. Tn
tax assessed against him is In tn
amount Of s240.52. at the rate O
twenty eight cents per hundred on al
assessed valuation OF SIS, 800. Tn
bill nowhere discloses whether com
plainant's property against which tn
tax was assessed was real estate O
personal property.
The theory Of the complainant
case Is that persons who were quail
fed 20 vote within the meaning O
said Section 81 Of the School La,
were only those persons who not onl
possessed the qualifications as TO ag,
residence, etc, prescribed in Articl
n OF the Constitution OF the Stat,
but who in addition had been dull
registered as voters provided for b
said Article V of the Constitution.
The seventy EIGHT alleged illeg;
votes Were cast by people who wer
not registered voters II registratio
I Is not a qualification Of a voter With
the meaning Of the act. then. as tn
case is presented. the seventy igf
voters were qualified 10 vote. for n
disqualification is alleged again.
them other than that they were M
registered.
BY their motion to discharge III
rule and by their demurrer. the dc
PENDANTS rely upon two proposition
Of law. viz; /. That the court is with
out jurisdiction. .. That registratio
was neither prerequisite nor
qualification for voting at the Speci;
School Election referred TO In the bi
Of complaint.
II shall dispose OF these confer
lions in the inverse order OF the
statement, though the logical cours
TO follow would be TO dispose OF II
Jurisdictional question first.
Must a voter, in order TO be quail
fed under the provisions OF the Sc,
ton above quoted. be a reglstere
voter?
Answer 10 this question depend
on the construction 10 be given 10 n
last sentence in the quoted porto
Of tho section. which is as follows
AT such election every person quail
fed 10 vote at the school election 1
the district shall be qualified 20 vot,
This sentence refers us TO 9th,
urDVlsiop, of tho act rrovidipe, for ~