Year: 1869

lieve the best interest of the citizens. If
the Assembly believe that the best means
to prevent frauds in the city elections is to
increase the period of the last assessment, it
may be done-the only constitutional pro-
vision being the restriction that the time
shall not be less than ten days before the e.
lection.


The alleged double taxation scarcely de-
serves notice. The system of annual taxa
ton has marked the whole history of the
government. He whose name is on the
annual list, and on whom a tax is assessed,
is clearly not to be listed second time for
ta.cotion He is to be listed for the elec-
tion


The first list of electors to be made be-
fore the lst of June, and being made by the
same officers, is evidently intended to be
made in connection with the original assess
ment If an elector has been already taxed,
his tax will be transferred to the list of cleo
tors; if not, the tax will then be assessed
in order to perfect his qualifications as a
voter When the law is so easily harmo-
Dized it is forced constructionwhich exacts
a second tax from one whose name is on
the original list


The extra assessments on the subsequent
lists are evidently required to perfect the
elector qualifications.


1t is argued that the provision of this
act which requires the assessors to ON it
from their lists all boardersa at hotels, taverns,
sailors boarding houses and restaurants, and
all persons not qualified electors having a
fixed residence in the division, is unconstitu-
tional. 1t Is said that large class of elect
ors is thus excluded from the list This is
palpable error The law forbids the as
SCISSORS to take down the names of such per-
sons, to prevent the frauds known to result
from taking down lists OF such persons given
in as boardes when no such persons are resi-
ding at the hotel or boarding house. But
it nowhere forDids these omitted persons
from being placed or the registry at the
proper time, and on proper evidence. On
the contrary. mode is provided to enable
every lawful elector to be registered by ap-
plication TO the assessors or to the canvas
sers Clearly, the feature complained of is
useful provision to protect tie right of
the true electors Of Philadelphia, and to
reach the unqualified persons found at such
convenient places just on TIE eve of an elec
ton, when their votes are needed by un-
scrupulous men. Its purpose is to exclude
this fraudulent element, by compelling ali
persons not known householders and fixed
inhabitants to come personally before the
proper board, and make proof of their right
True, the omission requires of single men,
clerks, journeymen and transient boarders a
greater vigilance to secure their suffrage
but the hardship is not imposed by the law,
but by the necessity which required it, in
order to protect them and all other honest
electors from being supplanted by f.audu
lent votes. What clause the constitution
forbids this policy to be exercised according
to the exigencles of the circumstances =?
When the population of locality is con
stantly changing, and men are often un-
known to their next door neighbors where
a large number is floating upon the rivers
and the sea, going and returning, and inca
pable of Identification; where low inns,
restaurants, and boarding houses constantly
afford the means of fraudulent additions to
the lists of voters, what rule of sound reason
or of constitutional law forbids the Legisla
ture, from providing means to distinguish
the honest people of Philadelphia or else
where from the rogues and vagabouds who
would usurp their places and rob them of
their rights. | cannot understand the
the reasoning which would deny to the Leg
islature this essential power to define the
evidence which is necessary to distinguish
the false from the true The logic which
disputes the power to prohibit challenges
in elections on the ground that it effects
their freedom or equality, must also deny
the power to repress the social disorders of
a city, because the same bill of rights de-
clare that all men are free and equal and in
dependent, and have the right Of pursuing
their happiness. The power to legislate on
the subject of elections. TO provide the boards
of officers TO determine their duties, carries
with it the power to prescribe the evidence
of the identity and the qualifications of vo-
ters. The error is in assuming that the
true electors are excluded because they
may omit 10 avail themselves of the means
of proving their identity and their quallfi-
cations. 1t might as well be argued that
the old law was unconstitutional because it
required naturalized citizen to produce
his certificate of the fact, and expressly for
bade his vote if he did not What injustice
is done to real electors by making up the
lists so that all persons without fixed resi-
dences shall be required to appear in per-
son, and thus to furnish true record of
the qualified electors within the district?


In connection with this subject another
feature is mentioned as hardship, require
ing the proof of residence by two witnesses,
who must be householders and electors.
But hardship is not the test of the constitu-
tionality of law This case is no harder
than the law which requires will to be
proved by two witnesses before a man can
exercise his more precious right of disposing