The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-06-05

LOG A l. N Il w 3.

CRcuIr counr.-ImponTAsT NAruRALHArIos CASE
In issue briefly alluded before the
cult court the petition of Thomas j. Gruen praying
a rule might be issued on William j. Mccormick the city
register, to show why mandamu should ISSUE
demanding him to nscribe the of the eaor the
lists and certify the to the commissioners Of elections
that he may be entitled to vote.
Mr. Gruen naturaized during last month, and there
fore claimed the right to vote but this resisted the
ground in BRIEF that he has been citizen Of the Uni
ted States for the term required by the city charter
After arguments by Mesrs. Carlisle and Lawrence for the
REALTORS and by Messrs Bradley and Scott against the petit
tion the decision Of the court reserved until O'Clock
yesterday morning, when Judge Dunlop delivered his opn
ion orally, to the following effect;
understand it to be the wish of the both Sides
and OF the parties to obtain the opinion of the all
the points which have been made in argument
l. The first question is, whether foreigner by birth who
has been naurazed since the 3ls of December 1854 and
the other qualifications required by the charter
has right to vote at the ensuing electon9
The qualifications OF presented by the 9th section
Of tho charter Of 18th May ls4s in the following words
Every free white male citizen of the United States who
shall have attained the Of twenty years. and shall
have resided in the city of Washington year Immediately
preceding the day Of election and shall be resident of the
ward in which he shall offer to vote and shall have been
TURNED the books Of the corporation during the end
ing the thirty first of December next preceding the day of
the election subject school tax for that year. Except
persons ments vagran panpers, who
shall have been convicted of any infamous crime and who
shall have paid the school and all personal
property due from him, shall be entitled to vote for mayor
members Of the board Of aldermen and board common
ed election under this act the act acts to which
this is amendatory supplementary"
1t contended that under this section, the naturazed
citizen Offering to vote must have resided the city OF
ngton for year after he nauralzed The court
could adopt this construction only by nterpoatng the
words citizen of the United States after the word
resided In doing the court would be adding another
the five years probation which Congress has pre-
scrbed to the foreigner before no become citizen
of the United States This is question purely for the
confirmed in the opinion that the construction contend
ed for is not the true by its effect other parts of the
Of the sentence it must be attached to the other and the
construction would require that born in the city of
old, must reside there year more before he could
think that the construction of this part Of the
charter Is tnat Inc an
3st of December 1854 has the right vote at the present
election if he has the other qualifications required by the
O. The second question is whether the petitioner
titled before naturalization to be enrolled the schootax
The section of the charter of ls48 provides fol-
lows:
The said corporation shall have to lay and collect
school upon every free white male citizen of the age of
twenty years and upwards Of one dollar per
charter the required to be ctzen of the United
States 1t must be presumed that the words of the United
States Intentionally omitted BY Congress when they
comforting the taxing power ifCongres had intended
to exempt the school tax would they have
Gems Of the United States 70 The word citizen often en-
poyed in popular sense denote inhabitant dweer
used by Dryden Such Of the second section Of the
charter of is4s with the policy of the
foreigner taking his residence in the city OF
Washington entitled the protection Of its laws, and
enabled to hold real estate here ought he not to par
cipate in the burdens OF the community Every child,
whether native alien has the right at certain to be
admitted into the public schools think that the word ct
this the charter, citizen Of ash
ington that alien residing the city of Washington
subject the school tax. The legislation of the corpo
ration Of Washington adopts similar construction Of this
clause of the charter taxing the real and personal proper
W Aliens and opinions to the same effect have been given
BY the present attorney the corporation well by his
t,nmo ryede tyoo f
gued this In the Of Mr.. Charles Walacb
this court held when party was entitled TO De return
the had omitted return him. that the commits
of election ought consider him entitled to vote
In the of wa neglect the subjected TO
penalty In the before there was no wiui
subject TO the school tax The petitioner attributes the
omission accident inadverence But whatever may
be the of the omission of the the omission
ought work forfeiture Of the right of the party to
his vote.
The third question the power Of this court In
the of Mr.. Wsach mandamus issued but the
opinion the understood Ia be sought for by all
parties including the commissioners OF election The decis
ions Supreme place beyond doubt the power of
this wrte OF mandamus TO compel the perform
duty The register of the corporation
il ministerial officer His duties in regard TO the taxlists
the and TO furnish them
to election In the respective wards
opening the polls election These lists are
the hands the commissioners and the register has
duty in regard 10 them TO be performed mandsmus
therefore, be issued to him. This court has repeated
" held Il will direct mandsmus to any officer TO
left discretion respect OF the subject
application This think is the position OF
the commissioners Of election under the charter and man
damus cannot therefore, be issued them. But they have
right and duty receive the votes OF all persons natura
lied since December last who the other
qualifications for voting required by the charter