Every evening, Wilmington daily commercial., 1922-03-11
once until their respective succcs-
sors qualify
"rho fourth paragraph Of Section

Ned to vote, shall offer to vote at n
Special School District election, such
person shall be guilty OF misde-
mesnor - -
1T, therefore. appears that the Sec
ton dealing with school elections to
which Section 81 refers us for the
asccrtainment OF what shall consti-
tute the qualifications OF voters at
the elections to be held for passing
on the question OF additional taxes,
sheds no light on the situation, for II
brings us back to the place from
which we started, namely to the
phrase qualified voters or its equiva-
lent. This phrase. therefore, Is unde-
fined by tho act employing IT. and Its
meaning must be ascertained by In
depreciation.
solicitors for both the complainant
and defendants agree that the term
QUALIFIED voters), In the absence OF
definition thereof In the statute
employing 1t. Is to gather its meaning
from Article V of the Constitution OF
the State, which deals with the sub
ject OF elections and the qualifications
of voters. In this. l think they are
correct, for II recourse is not to be
had to that instrument, l am ut
complete loss to know where else to
turn for a definition of the expression.
Ii might be said that the history of
school legislation in this State and
elections prior to the enactment of
Chapter 100. Volume 80, Laws OF Del
aware. may legitimately DO consulted
for tho purpose Of ascertaining
whether or not there has been n suf-
fciently constant and consistent def
milton of the qualifications of voters
ut school elections TO justify the court
In concluding that the phrase quail
fled voters) appearing in said Chap
ter 1000 has come to have a fixed and
definite meaning In the Legislative
terminology OF this State. Whether
such n process may be adopted for as
pertaining the meaning OF the phrase
/ need not determine. But il It were
followed, one negative fact would
stand out very clearly. viz: That ever
since we have had a constitutional
provision providing for the registra-
ton of voters, the provisions OF the
school law regulating school elections
down 10 the enactment OF the recent
act Of 1921 (Chapter 100, Volume 32)
has never specified registration as one
of the qualifications OF voter at
school elections. This Is manifest not
only from the language of the various
acts specifying the qualifications OF
male voters. but is more strikingly
evident from the fact that female per-
sons who have paid school taxes have
been allowed to vote, a class OF per
sons for whose registration no pro-
vision had ever been made prior TO
the adoption Of the suffrage amend
mert 20 the Federal Constitution. A
legislative permission allowing them
to vote at school elections is there
fore. entirely inconsistent with the
Idea that registration has been here
totore regarded by the statute as a
qualification for voting at school
elections.
But l do not rest my conclusions
In this case upon this line Of reason
ing. which would perhaps not be sound
except IN a case where the court is
driven by extreme perpleXity to adop,
such reasoning, or, as an alternative
TO abandon all attempt to construe the
legislative intent
u shall take the view OF tho solici.
, tors In the cause, namely. that the
, constitution Is the source from which
the phrase (oualified vuers) Is TO de-
rive its meaning. Before referring &
the provisions OF the Constitution OF
this State which deal with the sub
: jects OF Qualification OF voters anC
their registration. IL is pertinent frs
10 notice the common sense distinction
between the two concepts Of registra.
ton and qualification of voter. TIL,
distinction has been noted and ex.
pressed In that class Of cases whcr,
the constitution of a state has under.
> taken TO define the qualifications O.
, voters, without providing for theh
= registration, and the legislature O.
Z such state has later enacted Il genera
! registration law. and the contention
2 has then arisen that the legislator,
in the enactment OF such registratio
. law has thereby assumed TO add 10 tn
r qualifications OF the voters and thu
attempted an unconstitutional exer
$ else OF authority. In cases OF thi
= sort courts have been led to conside
the fundamental difference between
V qualification and registration OF
Y voter and have held that the latter /
J.. In no sense embraced within the for
e men. The following cases cited OF
;. the brief Of the complainant, are OF thi
kind: Cusick's Election. 1876 Pa. 459
People. eX rel. V. Hoffman, ct al. II
III. 5e'; Capen V. Foster, u PICK
i 4S5; In re Contested Election Of Nc
e Donough. los Pa. ass. When we spea.
n OF the qualifications OF q voter, W
n mean 10 refer 10 those things whic
e must exist as going TO make Of him
I voter, as comforting on him the alb
o soiute right TO be placed among IN
u class Of persons which the law create
u ana calls voters. Registration. how
ever, means an entirely different thins
Z II rather refers 10 the idea Of evidenc
ing the existence Of the things whic
= constitute voter. a recording Of III
fact that the individual in ouestio
: possesses the designated qualification
=, OF a voter. OF course, If the constj
II tuition in its definition of q qualifie
voter specifically designates registra
ton as one Of the qualifications. the
r by arbitrary definition registration be
% comes qualification. This appear
q TO be the case in South Carolina, wer
under Par. 4, Article IL OF the const
i tuition Of that State. registration an
= certificate thereof are specificall
d enumerated as among the qualifica
tons. The case OF McIaurin ,
Is Tatum. Supreme Court Of South Car,
e lima, 81 S. Z. $50. cited by compIainaI
n as nearest in point 10 the pendin