Evening star. [volume] (Washington, D.C.) 1854-1972, 1855-09-06
EVENING STAR.
FIFTH WARD ELECTION CASE.

In the Board of Common Council on Monday,
a report was made by the majority of the Com
mittee on Elections with resolution affirming
the right Of Messrs. Peters and Bohlayer to re-
tain their seats in the Board, and q minority
of the committee made a report with a coun.
ter-resolution declaring Messrs. Hutchingson
and Mead, the corftesting members from the
Fifth Ward entitled to take their seats.
The resolution offered by the majority of
the committee being before the Board for adop-
ton 81.
Mr.. Albert asked for the postponement Of the
case for week, stating that as he been out of
town he had not been able to give the case
such consideration as it demanded; that the
| matter had not suffered by the delay which it
had experienced, RS mems passions had had
time to cool; and that another weeks del az
could do no harm. He had not been able,
from the reading of the reports Of the rcspec-
tive branches of the Committe on Elections. to
thoroughly understand their import and the
reasons offered for the opposite conclusions to
which they seem to have arrived.
Mr.. Jefferson opposed the delay. He was
sorry to refuse anything asked by his friend
from the First Ward; but he considered the
delay which had already occurred as unreason-
ably long, and therefore must resist the fur
ther postponement.
Mr.. McCutchen expressed surprise, after
the full discussion which this matter Of the
contested election cases had had in the news
papers, that the gentleman from the First
Ward should ask tor further delay.
The motion for poStponement, being put TO
vote, did not prevail
The question then recurred or the resolu-
ton offered by the majority of the committee
Mr.. jefferson said grave legal question
alone lmpelled him to take the floor on this oc-
casion; he was not moved in it By any perso-
nal considerations whatever. having no friend.
ships to gratify, no resentments to appease
difference of opinion had, for the first
time, sprung up at our election in June last,
growing out of an alleged difficulty in con-
structng section Of law the fruit of which
was two cases of contested election. He re-
gretted that in the Fourth Ward case the con
testants had not perfected their testimony ard
brought it regularly before this Board, and
that, therefore, their claim had to be left to
go by default; but it was not so in the Fifth
Ward case, in which the contestants had taken
care, shortly after the presentation of their
protests, to present certified copies of the ORR
ginal affidayits which had been flied in the
Board of Aldermen, and by that Board since
loaned to US.
The sixth section of the charter of 1920, de-
clsres that leach Board shall Judge Of the
legality of the elections. returns and qualifi-
cations OF its own members, " and each men,
Der had sworn @ faithfully TO execute the du.
ties of his Office to the best Of his knowledge
and ability" They were. therefore, now act
ing under the solemn responsibility Of an oath
legally administered.
A number of votes had been rejected at the
late election; and why! The Commissioners
Of Elections cannot, said Mr.. j., exclude votes
from the ballot box at their mere will and
ipse-dixit; for if SO, they can exclude your
vote and mine, and every other man S no mat
ter how unquestionable his right may be- They
must be governed by the law bearing en- the
subject.
Now, what constitutes legal voter in this
city? The fifth section of the charter of ISiS,
comprises the entire law on the subject; for
the last section of that law declares that {: all
acts or parts Of acts in conflict with the provi-
sOns of this act be and the same are hereby
repealed The fifth section enacts as follows:
That every free white male citizen OF the
United States who shall have attained the
age Of twenty-one years, and shall have re-
sided in the City of Washington one year i'm
mediately preceding the day of election, and
shall be resident of the Ward in which he
shall offer to vote, and shall have been re-
turned On the books of the Corporation during
the year ending the thirty first of December
next preceding the day of election, as subject
to a school tax for that year, Except persons
non coDapoS menttS, vagrants, paurers, or per-
SONS who shall have been convicted of any ia-
famous crime,) and who shall have paid the
school taxes, and all taxes on personal property
due from him, shall be entitled to vote for
Mayor, members of the Board of Aldermen
and Board of Common Council, and Assessors,
and for every officer authorized TO be elected
at any election under this city or the act or
acts TO which this is amendatory or supple
mentary."
Now, if there be no obscurity in this law
and no doubt as to its effect, it should be exc
cuted according to its obvious meaning; but if
there be any such obscurity or doubt, then
there is a tribunal, one OF whose special pro-
vinces is authoritatively to declare the true
meaning of all the laws by which we are gov
erned; and that tribunal has spoken to the
point at issue.
In the case of c. S. Wallach VS.. the Register
of the Corporation the Circuit Court of this
District, on the 31st of May, 1854 rendered a
decision which is reported in the National
Intelffgencer of the day following, as fol-
lows
GO The Court decided that, in addition to the
qualifications under the act of 1920, that Of
1SiS superadded the payment Of 4 school-tax;
that all the acquisitions of the act of lS4S
must be complied with. In Mr.. Wallach's
case, every qualification was shown to be COM
plete. 1t as the assessors duty to seek out
cItlze2S, ana tnat OF Citizens 10 hnd IL they
have been enrolled; and and If all his g8ait-
tcationS are complete, tie eftizsn is EsTI-
TIED TO VOTE. Mr.. WalIach had a right 10
presume tie qVaS 0n the list.
"All persons having the requisite qualih>
cations and subject to the schOol-tax, oUeHr
TO haOe been assessed, and are ENTITLED 10
cote. Congress appeared to have two purposes
in this act of 1913: one to describe the proper
qualifications of voter, and the other to raise
tax for the support of the public schools of
the city. There were other purposes, bat they
were subordinate and directory, and not in
dispensable. TIE evsdence Of qualification
Afforded 6y tie registry is not erekuSiUe;
other testimony might be admitted. Although
registration is convenient and proper, and al
though ordered to be done, yet If not done.
and all other things be performed, TIE party IS
entitled to cote.
The Court granted no formal mandamus
in Mr. Wallach's special case, TIE decision
| teiRg general, and as such to be applied by
tie commissioners Of election i1 has and ALL
SIMILAR INSTANCES. He will, therefore, IN
der this judgment, be entitled to cote, Rot,cifh-
standing ths omission Of has aGme on tie
HStS.o