Evening journal., 1922-03-11

q ne amount OF S-fNso-f Ut Auf lAA'
OF twcnty-clght cents per hundred
ON an assessed valuation OF $4,000.
The bin nowhere discloses whether
comnlainant's property against
which the TAX was assessed was real
estate or personal property.
The theory OF 10 compiainart's
case is that persons who wero quail
icd 20 vote within the meaning %
7aid Section "a OF the School Law
wcro only those persons who not
only possessed the qualifications as
90 age, residence. etc. prescr.o bed in
Article V OF the Constitution OF the
state. but who in addition had been
duly registered as voters provided
for by said Article V OF the Consti-
ution.
The seventy-eight alleged Illegal
votes were cast by people who were
not Registered voters" II registra-
fion Is not a qualification OF a voter
within the meaning OF the act. then.
as the case IS presented. the seventy
eight voters were qualified TO vote
for no disqualification Is alleged
against them other than that they
were not registered.
BY their motion TO discharge the
rule and by their demurrer. the de-
PENDANTS rely upon two propositions
Of law. viz: 1. That the court -
without Jurisdiction. .. That reg
istration was neither a prerequisite
nor a qualification for voting al the
Special School Election referred to
in the bin OF complaint.
shall dispose OF these conten-
tions IN the inverse order OF their
statement, though the logical course
10 follow would he 20 dispose OF the
iurisdictional question first.
Must a voter, In order 70 be quail
fed under the provisions OF the sec
ton above quoted. be a registered
voter?
Answer 10 this question depends
on the construction 20 be given to
the last sentence in the quoted por-
tion Of the section, which Is as fol-
lows. AT such election every per
son qualified 10 vote al the school
election In the district shall be quail
fled 10 vote"
This sentence refers us 70 other
/ provisions of the act providing for
the general school election. for the
purpose Of ascertaining the qualin-
cations Of voters al the special tax
election. Section 10 OF the act con-
tains the other provisions which
deal with tho general school cleo
tion, and that section provides In the
first paragraph thereof as follows.
Section 10. The general admin
istration and supervision OF the free
public school and educational in
terests Of each Special School Dis
trlct, shall be vested in a Board OF
Education. They shall be elected
from the residents Of the given
Special School District by all quail
ned voted thereof for terms of
three years. beginning with the first
day Of July next succeeding their
election. and shall hold Office until
their respective SUCCESSORS qualify
The fourth paragraph OF Section
l19. further provides:
80 II any person, not fully
qualified 20 vote. shall offer 20 vote
LAT a Special School District election
such person shall be guilty OF a mis-
demeanor.
1T. therefore. appears that the
section dealing with school elections
90 which Section 81 refers us fol-
the sscertainment Of what shall con-
stitute the qualifications of voters
lat the elections to be held for pass
ing on the question OF additona
taxes. sheds no light on the situa-
tion. for It brings us back TO the
place from which we started name
IN. to tho phrase qualified voters
or its equivalent. This phrase, there
fore is underlined by the act en-
blowing Il. and its meaning must o'
asccrtained by Interpretation.
Solicitors for both the complain
ant and defendants agree that th'
term qualified voters" in the an
sence OF a definition thereof in tn'
statute employing IL, is to gathel
Ius meaning from Article Y OF TN
constitution OF the state, which
1cals with tho subject OF election
and the qualifications Of voters. II
. This 1 think they are correct for j
recourse is not to be had TO tha
instrument. ] am at a complete los
tn know where else 10 turn Tor
de6nition of the expression. IL
suight be said that the history o
school leeisuation in this state an
the provisions OF law governinl
school elections prior to the enact
ment of Chapter 100, Volume 81
/, Laws Of Delaware. may leghimateN
, he consulted for the purpose OF as
= certaining whether or not there ma
heen a sufficiently constant AM
, consistent definition Of the qualiiica
lions Of voters at school election
~ iustifv the court in concludlnl
,b,t the phrase qualified voters
fannearing in said Chapter l6O) ma
z con1e TO have a fixed and dehnit
r meaning IN the legislative termln
d oiopv of this State. whether sue
2 a process may be adopted for ascer
; ,,5,fnr the meaning of the phrase
n mood not determine. But II 1t wer
b roiiowed one negative fact woul
e .tand out very clearly, viz: tina
r a,.or since we have had a constitu
q tional provision providing LOT IN
@ registration OF voters, the proVls
n ions Of the school law, regulauh
d scbool elections down to the enac'
q nent of the recent act OF ~
n lcbanter 100. Volume 5Z) ma
o 80. snecihed registration as on
u 80 the qualification Of voter
scbool elections This Is manlie'
n not only from the language OF th
s various acts specifying the guam
- cations Of male voters. but Is NOR
p striklngly evident from the iact IN. th'
- female persons who have pa
j. school taxes. have been allowed