house and had the assessor's list padded with fraudulent names as living in his house.

"That two others of the pretended election officers were assessed from that infamous place.

"That the constable's son fraudulently acted as an election officer under the name of some one else.

"That a policeman was likewise assessed as living in this abominable resort.

"That the major part of the more than 200 names on the assessors' list were registered from brothels, badger houses, gaming houses, and other places of revolting wickedness.

"That the election was held in the house of prostitution maintained by the assessor.

"That the man named as judge had also a criminal charge for a like offense pending against him.

"That 252 votes were returned in a division that had less than 100 legal votes within its boundaries.""

In the fourth place, the padding aids jury fixing. The jury lists of Philadelphia are made up from the assessors' lists and it not infrequently happens that the fraudulent names go into the jury wheel and it is not difficult for the jury fixers to find pliable tools to take the places of the men named.

In 1894 the Philadelphia Times estimated that there were 50,000 fraudulent names on the assessors' lists in Philadelphia. In 1899, in its annual report, the Municipal League of Philadelphia estimated that the fraudulent assessments ranged from 30,000 to 50,000. The Press, a leading Republican journal, the editor of which is Postmaster-General of the United States, estimated that there were at least eighty thousand names on the list.

Even less comprehensible to the uninitiated than the purpose of these padded lists is the reason why steps are not taken to do away with the evil. In 1894 this was attempted. Out of 5,177 names assessed in the Fifth Ward Judge Hare struck off 1,150. Out of a total of 8,133 examined in other wards 1,071 were stricken off. But this availed little because of

1 The Record.

1

the constitutional provision that "no elector shall be deprived of the privilege of voting by reason of his name not being registered," and because of the provisions of the act of 1874, carrying out the objects and purposes of the constitutional provision. Of course, it is within the range of possibility to prevent the swearing in of those not entitled to vote; but the obstacles are staggering, as will be shown later. Even the formality of swearing in votes has in many instances been abandoned. Furthermore, a man who will cast an illegal vote will perjure himself, and a man who will aid a perjurer and repeater will not hesitate to commit perjury. So after the names are stricken from the list as the result of canvassing, it is entirely possible for every name to be voted on if pliable tools can be found, and these are not far to seek where election fraud obtains.

Even the easy provisions of the act of 1874 are disregarded, section 10 of which provides that:

"Any person whose name shall not appear on the registry of voters and who claims the right to vote at said election shall produce at least one qualified voter of the district as a witness to the residence of the claimant in the district in which he claims to be a voter, for a period of at least two months immediately preceding said election, which witness shall be sworn or affirmed and subscribe a written, or partly written and partly printed, affidavit to the facts stated by him, which affidavit shall define clearly where the residence is of the person so claiming to be a voter; and the person so claiming the right to vote shall also take and subscribe to a written, or partly written and partly printed, affidavit stating, to the best of his knowledge and belief, when and where he was born, that he has been a citizen of the United States for one month and of the Commonwealth of Pennsylvania, that he has been a resident of the commonwealth one year, or, if formerly a qualified elector or a native-born citizen thereof and has removed therefrom and returned, that he has resided therein six months next preceding said election, that he has resided in the district in which he claims to be a voter for a period of at least two months immediately preceding said election, that he did not move into the district for the purpose of voting therein.” S

1 Article VIII, Section 7, of the Constitution of 1874.

2 Section 10 of the Act of 1874, P. L. 75.

3 P. L. 35.

A careful examination of the records discloses that in a large number of instances the votes of non-assessed men are accepted by the election officers without requiring them to go through the formality of producing a voucher or swearing to the necessary affidavits, and a number of cases are now pending in the court, the gravamen of which is that the election officers have failed to require the proof required by law. The general disregard of the provisions of the act of 1874 has been largely due to the failure of the election officers to prepare and file lists of voters. Since the decision of Judge Beitler, in the autumn of 1900, to the effect that it is still incumbent upon election officers to file lists of voters in the office of the prothonotary for public examination it has been possible to ascertain to what extent election officers have been derelict in this particular regard.

Personal Registration.

The inadequacy of the laws relating to the registration and assessment of voters has led to an agitation for the introduction of personal registration. Pennsylvania is one of the few states in the Union that does not require a personal registration of voters in the cities, but depends upon the method prescribed in the act of 1891, supra, to provide election officers with a list of those presumed to be qualified to vote. An adequate personal registration law, however, cannot be enacted so long as there remains in the constitution the provision that "no elector shall be deprived of the privilege of voting by reason of his name not being registered." In 1897 a proposed amendment to the constitution providing for the elimination of this provision was introduced, but defeated. It was again introduced at the session of 1899 and passed both houses. Notwithstanding the substantial majority which was recorded for the amendment the Governor assumed the right to veto it; whereupon the Municipal League of Philadelphia, which had been

responsible for its preparation and introduction, at once instituted a mandamus suit in the Dauphin County court to test the right of the Governor to take this action. The lower court decided in favor of the Governor, but the Supreme Court of the state overruled the lower court and declared that the Governor had no right to interfere in any way with the submission of a proposed amendment to the constitution. Under the eighteenth section of the constitution which relates to amendments it will be necessary for the proposed amendment to be passed by the present legislature, and then to be submitted to the people for adoption. The proposed amendment is permissive and not mandatory in form. It opens the way for an adequate personal registration law, and further does away with that constitutional provision which requires that all laws relating to the registration of electors shall be uniform throughout the state."

It has all along been maintained by the country members and with much force, that they did not wish to subject the country districts to an elaborate personal registration scheme. Under the present constitution, the registration laws must be of uniform application throughout the state. Therefore, either the city must suffer from inadequate laws or the country districts must be burdened with a scheme of registration not required by the conditions existing there. Should the proposed amendment be adopted at the present session of the Pennsylvania legislature and approved by the people next fall, it will be possible for the legislature of 1903 to pass bills providing for the introduction of personal registration in the cities of this state, such as now exist in the state of New York.

Poll Taxes.

The Constitution of Pennsylvania prescribes the qualifications of electors to be as follows: First. He shall have been a citizen of the United States at least one month. Second.

1 Commonwealth v. Griest, 196 Penna. State Reports, 396.

2 Article 7, Section 8.

He shall have resided in the state one year (or if having previously been a qualified elector or a native-born citizen of the state, he shall have removed therefrom and returned then six months) immediately preceding the election. Third. He shall have resided in the election district where he shall offer to vote at least two months immediately preceding the election. Fourth. If twenty-two years of age or upward he shall have paid within two years a state or county tax, which shall have been assessed at least two months and paid at least one month before election.

1

The provision requiring the payment of a state or county tax has been utilized by the political machines to introduce an elaborate system of petty bribery. Those who have not paid a tax on real estate or a state tax, such as is contemplated by the constitution, can qualify themselves to vote by paying a poll tax of twenty-five cents a year. Poll tax receipts good for two years are issued in great numbers, and for a long time grave scandals have been connected with their use. An attempt was made in 1889 to abolish the tax qualification in the constitution, but the amendment failed of popular approval largely because of machine opposition. The Act of 1897 was the second attempt made to deal with the evils incident to the payment of the poll tax. This act provides that "it shall be unlawful for any person or persons to pay or cause to be paid any occupation or poll tax assessed against any elector, except on the written and signed order of such elector authorizing such payment to be made, which written and signed order must be presented at least thirty days prior to holding the election at which said elector desires to vote." And further, that "It shall be unlawful for any officer, clerk or any other person authorized to collect taxes and receipt therefor, to receive payment of or receipt for any occupation or poll tax assessed for state or county purposes from any person other than the elector against whom such tax shall have been assessed, except 1 Section 1, Article VIII, of the Constitution, 1874.