Evening star. [volume] (Washington, D.C.) 1854-1972, 1855-06-02
EVENING STAR,
Local Intellieence.

&c auolto1y) Gaze OF much
importance, affecting the voting privilege of
naturaiiisd persons Of foreign birth, was pre-
ssnteo; the issue having reference to the mu.
nicipal election, which is to take place on
monday next The court especially sat to-
day to hear and determine the question.
Mr.. Lswrencs (acting with Mr.. Carlisle,
opened the ease by reading to the court the
petition OF Thomas J. Graen, setting forth
that be Is free white male ci,isen If ths
United states, is over the age OF twenty one
years, and has resided in the citv of Wash.
Ington for one year next preceding the data
nereef, and that be Is a resident of the Fonrth
ward; that on the 3lst day of December last
.ne felator was free white male citizen of
this city, and that at that time he was sub;.ct
to school tax for that year, and was r.sdv
s1d willing to pay such tax, but through acct.
oent or 1nafvertancs his name has not been
returned as subj sct to such school tax for the
4 past year, and has not been entered on the
iss according to the terms Of an ordinance Of
Ine corporation Of Washington, passed the 3oth
oAy OIL May, lS4s, and Of an ordinance of said
corporation, passed the 18th of October. 1850
Inc relator shows that he has applied TO the
city register 70 inscrioe his name on tbs aid
Lists and returns as subject 20 school tar a,
Aforesaid, and hath rendered the amonnt 30
saio TAX 70 the Corporation, but the said rey.
ister refuses to inscribs his name on the said
AsS ana returns, whereby he the relstorl
otherwise, will lose his privilege and risbt Of
Young, and tina; through no fault, neglect. or
oisq ualincation Of his own. He t6erefor,
Pssys tnat c rule may be issued Oh William ]
AeCormick, the register, to show cause vhv
mandamus shall not issue, demanding him IN
insenoe the name of the rslator on the lists,
ana certify the same to the Commissioner 81
election, that he may be entitled TO vote
mr. Bradley associated with Rohs,t T
Sco'.) on the part OF the defendant, admitting
the facts SGT forth In the petition. procesd.5
sno" cause why the msndsmus PRAYED
seoulo not issue BE said, in the course of
ms remarks, that the judges of election could
Vniy IooA 81 the list furnished under the char
tsr, ana IN accordance with the Law of IN .
corporation; and, unless they shall End the
name so registered, they are not bound 70 "a.
coru the vote. he likewise read various
cIauSes from the statutes bearing on the sub
Jsct OF taxation and voting and from the
oni'er OF the city that part which declares th at
every free white male citixep of the ITn;t.5
States, of lawful age, who shall have resided in
tne city OF Washington for ons year next pre.
oeding the day Of election, and SD all be resi-
dent Of the ward in which he shall ODER IN
vote and who shall have been assessed on the
on the books Of the Corporation for the year
ending on the 3lst day Of December next pre-
cedlng the day CT election, and who Sd all ave
paid all taxes legally assessed and due on
personal property when legally required to
pay me sumo, and no otder person, shall be
entitled TO vote at any elect on fer mem bers of
the two Boards"
II man, whether an alien or a native, yas
nxed resident on the 3lst of December last,
ne was subject 10 the capitation or property
tax. The alien is Just as much subject To the
payment Of taxes as the native citisen; but
TINS does not necessarily give him the right to
vote. Inc clause of the charter which be
nad read, he contended, required the person
claiming to vote to have resided here, "cs a
etttzen Of The United States" zone yea,
next preceding the day of election" He is
net to go to the polls directly frsm the court
house, but must have resided here as q citiz N
tor oneyear. The court has no power to orde
the register to put the name OF the relator on
the list Of voters
MT Lawrence, in reply said this was a sim.
PIE case OF construction Of law passed BY
American Congress, to be executed by Ameri
can officers. IL was not a Gaze In which an
American native born citizen ard patu.
ralifed were placed in hostility to each other
0he one asking what he had a right to ask
and the other refusing what hs had the right
70 refusel but the question was-what hsi
Congress declared in the law which IL ba,
passed, touching the qualifications Of patu.
rallied foreigners to vote, here or elsewhere
II was simply a question of naturalixed
citizen OF tho United States, who has been .
resident Of this city for ons year before the
time Of election, and who was, on the 3Ist o:
December last, subject to the school tax The
ACT OF lo4o alone presented the question
whether, under that act, a man who vas ;
resident one year prior to the annual election
would or would not be legally qualified
voter at such election, if at the time the cleo.
ton took place, he was that which is described
In the law itself, namely, q citissn of the
United States.
1t was said by his friend, Mr.. Bradley. III at
the naturaliIed citizen must not only be a cir.
isen at the time be shall offer to vote but
must have been q citizen Of the United States
year preceding the election. To this con.
struchon Mr- Lawrence and bis colleague de-
INJURED 1t Is In violation Of the plain Ian
guage OF the statute itself There is no rea-
son Tor II in public poli9y, and would require
large Interpolation in the statute to arrive
At such conclusion. The other qualification
In the act shows tina. it was altogether q psr
sonal and not political residenee-iust az
much as qualification respecting age was
personal and net political qualification
MI Carlisle Ctor the reletor) said that there
was not, IN the charter cf le48 any iistipc.
ton between natige citizen and a naturaIized
clhZen. None. The charter OF I848 il older
tnsn sAk, lsughter0 and he trusted would
much longer survive Ii was a new notion
II was sheer delusion. He sgksd the gen.
nemen on the other eide Of the question to
point him 10 the Constitution or the Law of m.
land which authorised them to make di,
tinc.ion between q man who has drawn no
breath out Of the land. and the man who. this
day, under the law and the Constitution. be
came citisen. In 1913, there was nc sxistine
reason governing Congress, 30 as to provide
that citizen should not be a citizen for one
year after becoming such.
Ine native who arrives at age after the 3lst
OF Decembsr is not entitled to vote, because
in addition to HIS being citizen he must be
Liable TO taxation at thar time, the 3lst of De.
cemoer, and being minor be cannot be cub
Jeet TO taxation, while the adult alien is liable
70 the tar, whether naturalizsd or not. In
conclusion, he said that the argument on the
other nde was, in effect, an attempt by impli-
cation to repeal an act Of Congress and i'm.
pose new obligation on the voter, and N
heard.
Mr. Scott, for the defendant, was addressing
the court when our reporter 1T two o'olo.R