Year: 1869

Judge Allison, who is now absent from the city, was
read by his Honor Judge Peirce and is as follows-


OPINION BY JUDGE ALLISON.


The Legislature at its late session passed an act
entitled "a Supplement to the Act relative to the
elections OF this Commonwealth" the twenty
seventh section of which requires the assessors Of
the several wards in the city OF Philadelphia before
the hrst day OF June IN each and every year. TO make
out a separate alphabetical list, for every election
division within their respective wards of the quail
hed electors residing therein aud to classify them
under the following heads:-


First Private householders.


Second. Private residents


Third. Hotels, tayerns, and restaurants. Under
make alphabetical lists of the names of all qualified
electors residing in each division keeping hotels,
taverns sailor boardtng-houses, or restaurants i'm
the DIVISION designating every such place by the
number Of the house and the name of the street on
which II located and assess on every such person
tax of fifty cents.


The assessors are also commanded not to place on
the lists the name of any person boarding at any
hotel, tavern, sailor clearinghouse restaurant,
or the name of any person who is not qualified
elector, having q fixed residence in the division.


The meaning OF these requirements, in the judg-
ment OF the majority OF the Court is very plain The
assessors are commanded to make out a separate
list to be headed hotels, taverns, and restaurants
and on this list to place the name of no person ex-
ing-house, restaurant. To make this intention
clear they enoined not to place such list the
name OF any person boarding at either OF the kind of
designated houses mentioned in the section, with the
further restriction that the name Of person shall
elector and be possessed Of fixed residence i'm the
division. This last restriction has relation to the





restaurants, and is to be interpreted as if it read
'Nor shall the name of any keeper of hotel tavern
sailor boardnghouse, restaurant be placed on the
list unless he is qualified elector, having fixed
residence in the division"


1t is clear that the language here employed as well
as by the spirit and intention of the Legislature the
name OF no person can be lawfully placed on this
list by the assessor but the Keepers OF such houses
specifically mentioned, who possess the further
requisite Of being qualified electors and who reside
BoardGrs are expressly excluded; nor do we think
the distinction well taken which was attempted to
be maintained in the argument, that this does not
exclude dodgers at such places 1t contended that
the intention OF the Legislature was to exclude per-
who take meals merely at such hotels, taverns
sailor boardng-houses, or restaurants and not such
persons who might sleep or lodge at this kind of
house, but we find no warrant for this deduction.


The law does not say that boarders shall not vote,
but that dodgers shall. Lodgingis included in the
word or term boarding, in plain and common usage.
When say Of one that he is boarding at particu-
lar place, we mean that he lives at such place, and
that he there sleeps well as takes his meals; and
when is plain to mind that the purpose in pass
ing this portion of the law was to restrict the list to
named we do not feel justified in setting this inten
ton aside to assume the functions OF the
Legislature, and interpolate that which the law,
makers intended TO exclude we do not feel
under obligation to do this, because there
exists no necessity for our so doing. No one is de-
prived OF any right by this requirement. for if there
be qualified electors boarding at these houses, ample
provision is made for their assessment time certain
quent provisions of the act, at which their names
can be placed on the list and tax assessed against
them. We have nothing to do with the wisdom of
act which provides for an assessment of one class
of voters at one time and in given manner, and
another class at another time and in another man
ner 1t is certainly competent for the Legislature to
establish system providing for registration and as
sessment of voters; and If they say that different
classes shall be assessed at different points of tme
what right have by judicial construction to forbid
what they have commanded, and direct the
to violate the clear and express directions of the
law


1t will not be questioned that it would be within
the scope OF legislative authority to require all per-
sons to apply TO the assessors to have their names
placed ON the lists, as has been the case with the
extra assessment, and IT, instead of saying that all
shall in person apply to be assessed that only those
who are living at particular places not being private
householders, or private residents, or Keepers of
particular kinds of houses shall do so, what wrong
is there in this or who say that the law shall be OF
effect? Certainly not court whose ducy it is to
try and give effect to every part OF the act If it can
be done without doing violence to the law as it has
been enacted, or to the fundamental or constitu-
tional rights Of the qualified voters.


Whether any other assessment is to be taken or
list made out by the assessors, for the purpose of
establishing basis of apporttonment for members
sentation in Councils we do not now decide because
the question is not now before us. The act under
consideration was passed for election purposes its
title rectes its purpose; and whether the former
laws, looking to the assessment of all white free
FOR no ae %
When the f6pEs * s6ou Se
assessed if they are qualified electors residing at
hotels, taverns, sailor boarding-houses, or resta-
rants or if this be not done the assessor should make
the several election divisions We have expressed a
different opinion upon the rst point m upon tine





has not been raised or argued.


Court of Quarter SessiOns-Judge Ludlow.
SPECIAL PREsENTMEET OF THE GRAND JURY-RUM-


SELLERS DRAWN OVER THE GOALS


This morning the Grand Jury came INTO Court and
made the following special presentnent-


To the Honorable the Judges OF the Court OF Oyer
and Terminer and the Quarter Sessions OF and Tor
the City and County OF Phadelbhla, Lne %rdnu IN
quest OF the Commonwealth OF Penhsyivanai
ing for the city and county of Phiadephla Tor May
Sessions, 1862 do make the Following special pre-
SENTIMENT .. .,,, r,,r,, +to Han
In the charge OF the Court to this Jury the Hon.
l Judge used the following language: II can your
snecia attention to the fruitful cause OF crime, te
sale of intoxicating liquors, anu where Eases VI
atons of the law properly DrOughJtO 10 your h0ict
10 act in disposing OF them WIN pronpIuess anu i
4 nartality:' and again "YOur attention, gentlemen
rannot he TOO often or too earnestly called 10 tht
nrevalence of crimes Whlch are eAelnp
rom exnosure and the persons VINO are en-
gagged in them from punishment Teler 70 Ine liie
cal sale of intoxicating drinks and other crimes OF
iita natnre Having had their attention thus calet
m this matter the Jury were not greatly surprised u
find that a large number OF tne cases Wnlcn were
hron0ht before them arose directly or indirectly IRON
the sale of Intoxicating liquors, ana being impressed
Win the obligations resting upon them, and, in Orde
mot they might act nelligently, the Jury inquired
the DatTct Attorney as to the provisions or the pre-
sant law regpectng the sale OF liquors. In Response
10 this inquiry they learned IlaI Ine laws upon Iu
aInost every instance barriers against the eNten
sion of this traffic had been removed, until now, a
me law Ia administered, any person VINO Is wiling
10 pay for license can OBTAIN ONE WlthouV tega az
IN nrevous character Of the applicant or 10 IN
number of similar houses already established IN IN
Same neighborhOod. Upon further investigator
the Grand Jury learn from ofncal sources thaI lher
are now in this city somewhere DetWeeh s o9OO an ~,


5000 licensed houses for the sae oi ihCoAlcauh
Hgainot the nroprietors OF these houses as clas