Evening star. [volume] (Washington, D.C.) 1854-1972, 1855-06-04

lne words as citizen of the United States,''
~plcn We have no authority to do The party
cHering to vote must, by the charter. be a
Tree person, white, q male, and a citizen of
tho United States, and must have attained the
age OF twenty one years, and resided here one
year next preceding the day Of election, and
Otherwise qualified. There is no necessity for
tnis restriction; it would, in effect, be asking
the court to add another year of probation. The
law OF the land requires a residence Of five
years BY Affirming the construction sought
IL would require a residence of six years in
order to erjoy the full privileges Of citizen.
w neither this is expedient or not ii is for the
legislature to determine. 1t seems to me.
therefore, that the term resident" does not
relate to his political characte- az q citizen of
the United States but his residence as a per.
son. The true construction of the charter is
that II tho person be subject to the school tax,
and Is resident, he has a right to vote. In
the case OF the petitioner, Gruen, it is for him
10 say whether no is legal voter. It appears
that he has resided in the city of Washington
one year previous to tho filing of his petition
10 the present case, and was, as he states, en-
titled to be enrolled on the school tax register,
but that his name was not enrolled.
The question is, first, whether the petitioner
is entitled to enrolment. Although conceded
by Mr.. Bradley that the alien who was res
ident was subject to be enrolled, yet his col
league (Mr. ScotD argued earnestly, and with
much ingenuity, that that concession ought
not to have been made. That depends on the
second section Of the charter, which says:
"The said Corporation shall have power to lay
and collect school tax on every free white
male citizen OF the age of twenty one Yeas
and upwards" twill be Observed, in the
first place, that the terms in the second and
fifth sections are different
In the Eth, to qualify man to vote ho must
be Tree white male citizen of the United
States, but, in thu second section, (which gives
the Corporation power 10 lay and collect a
school tax he mist be free white male citi-
zen, emitting ''Of the United States" It ia
supposed that the Legislature intended the
Language to be different, if not, it would have
said So. A foreigner may be a citizen, an in
hsbitant, or C resident Of q town. While so,
he has duty to perform; he is bound to obey
the laws, and is entitled to protection. He
may, without being citizen Of tho United
States, be citizen of Washington, a dwelIer,
and an nhabitant-all these terms meaning
tho same thing. Dryden so defines them. II
foreigner has right to come to the city,
and has resided here, Is there any reason Why
he should not be subject 70 tie burdens of the
city, ard contribute ID its support? 1t is ad-
mitted thai as to real and personal property,
q,
to some extent quasi citizens, without being
citizens Of the United States
In relaGiGa to the school taZ: every child
between fire ard sixtesl years of age, has G
right Of admission into the public schools
whether q child of an ellen or natpraiized
citizen. He enjoys the benefits of the school
system, and for this reason he contributes q
school tax We are warranted in this opinion
Dot only by the lsws Of the corporation, but
by tho charter. l think it clear therefore,
that the foreigner who resides in the City OF
Washington Is subject to tie school tax; and
as tho petitioner says he was subject to the
school tax on the 2lst of December last, it was
the duty OF the assessors to register his name.
This they have failed to do.
When the case Of C. S. Wallacn was last
year before the Court II was held that where
the party was entitled to be REGISTERED. but the
assessors had omitted his name by neglect Oh
insdvertance or csrelessness, the person thus
entitled should Tot be deprived of his right to
vote, on producing tie proper proof to the
commissioners OK elections
But the ucstiOn 10 cOsTee the city register
by mandslnus, 20 enter the name Of the peti.
toner en- the school-tax list involves matters
OF considerable Importance. The law, how.
ever, is familiar to this court The Supreme
Court, at the last term, decided il In two
eases-of Lamar and the Judge Of Minnesota.
The doGot hoIe is az to what officer. if anv
can be operatet upon, and controlled
Inc mandGmUs applied for l. to compel the
register OF this city TO enter the name of the
applicant on the list In the case Of WaIIaeh
there was no maEdamus issued the opinion
OF the court was sought at the instance Of al
parties, the judges Of elo ction Included. We
| think now, as we thought then, that the regis
| te-, having passed out of the hands Of the as
hNyN hnr r-aa Ia Al
! hands Of the commissioners OF elections.
Those were the only parties who could be
| controlled; but this court could lot operate
upon them By g mandamus, the list now being
In possession OF the commissioners of election
These latter are quasi judges and are sworn tC
| decide the qualification of voters, according
to their judgment and the law. Their dutie.
are not ministerial, therefore the court ppo
control them by msndamus; and :he Su.
preme Court Of the United States has laic
down the principle
In the above We have merely given an alb
stract or outline of the decision
Judge Morsell did not deem il Necessary N
occupy much time; but If desired or wished
Ter On this occasion, be should certainly con.
cur IN the views Of mis- brother Judge. He felt
SATISFIED that tho construction Of the statute
was suoh as he Judge Dunlop had thought
proper to give it; and on those views he re.
lied The court has no jurisdiction to award
the mandsmus. A mandanus under the cir
eunstances may issue, if it can be issued to
an oftcer whose duties ale uiniste rial. and
not Judicial. In the present case tho lat has
passed out Of the hands of the register, Iwbo
Is ministerial oficer,) and therefore the
mandamus is dismissed.
1t remains with the commissioners CT cleo.
tons, IN view OF the above decision, 10 det.r.
mine whether they will grant to such citizens
what the Circuit Court decides 10 be their
right-or risk law suits for DENYING their rights
to them after this decision, with a surety Ii at
the revisory fovsr must count all votes re.
jscted under such circumstances
QUIET AT THE PoLLs.-Up 10 the time al
which We 50 TO press, every thing had been
going on harmoniously at all the polls in the
city. That If, no ill temper had boon mani.
Tested by any body. We understand that in
the First Ward some thirty five votes b ad been
admitted of persons introduced to sleep a
night or SO 10 sfsct the cleo ion in the partic
alar Ward. Oar friends demanded that they
should be sworn, which was not accorded by
the Know nothing judges The names Of ali
or them are knoEn, ald as they are wholly
the ls9st right 10 vote there, their votes
will upROu htadiv he entsroIv loaS e. a. = 81.