Evening star. [volume] (Washington, D.C.) 1854-1972, 1855-07-10
WASHINGTON NEWS AND GOSSIP.
The Higher Law" in Washing on -Ther

was yesterday laid on the table of the mem
bers of the Board of Aldermen, a printed pa-
per addressed to F. S. Evans, chairman of the
election committee, purporting to be an opin-
ion or advice from Joseph III. Bradley, the
Know Nothing counsel to the corporation of
Washington, with reference to the questions in
issue in the contests for the seats from the
Fourth and Fifth Wards, filled by the perpe-
fration of frauds on the 4th of June ult. As
this document is too long for insertion in our
columns, we extract its pith only. 1t COM
menees with the following avowal that our
highest court Of law-both judges thereof
have declared, as their opinion, that the natu-
rallied voters who were defrauded Of their
rights in the late election, tcere entitled to
vote here, &c. This avowal is as follows:
n In reply to your request for my opinion on
The 9th section of the charter of 1913, and to
your question, whether a person must have
been naturalized twelve months prior to the
day of the election, to entitle him to vote, it
Is proper to state that both matters have been
very fully discussed before the Circuit Court
and the opinions of two of the judges have
been had upon them.
No case has arisen in which the court could
judicially decide these questions, and what
they have said has been perhaps extra-judi-
cial. Still, as the opinions Of judges entitled
to great weight and consideration and whose
province and duty it is to expound the law of
this district in doubtful cases, they are of more
value to you than those of private counsel
and althoug IN not in strictly legal sense oblig.
atOry as would be the judgment of the same
court, pronounced in a cause over which they
had jurisdiction, yet they ought to be followed
II you can do so consistently with your sense
OF duty. L therefore give you, as under
stand them, the substance of those opinions
1. Every free white male person, residing in
the city Of Washington on the 3lst of Decem-
Der, in each year, being twenty-one years of
age, whether native, naturalized, or alien is
liable 10 be assessed for a school tax.
z. IL he shall have been omitted, by acct
dent or design, he has a right, at any time
thereafter, during the next ensuing year, to
have his name put upon the assessment list
3. If, at the time Of the election in June
next succeeding, he is a naturalized citizen,
and has all the other legal qualifications he
Is entitled then, upon his own demand to be
placed on the poll list, and on complying with
the other requirements Of the charter he is
entitled TO vote.
4. 1t is not necessary that he should have
been naturallZed for any certain period OF
time before he offers to vote, and it NAV be
Immediately before, and on the same day.
These L understand the propositions
contained in the opinion of Judge Dunlop, and
In which Judge Morsell expressed his concur
renee. They seem to me to cover the whole
ground of the questions contained in your
letter.
1t is, however, my duty to present to you
my own views OF these questions, and 1 do so
with the utmost respect for the opinions thus
expressed, and with a profound sense of the
responsibility thus devOlved on me-
L cannot assent TO these propositions, except
the first, and my judgment as to that is not
entirely clear.
1t will be perceived that the higher judicia,
tribunal Tin determining the rights of citizens
OF Washington than the United States Circuit
Court for the District of Columbia, "canno,
assent to these propositions [opinions OF the
Court delivered in open session-ED.l cxcep,
the first; and my [hisl judgment as T. that il
not entirely clear,'
This individual then goes on to make an ar.
gument in justification of the action Of the
Know Nothing election commissioners in de.
frauding persons of their right to vote, who
have been declared by the United States Cir.
cult Court for this District to be so entitled
The advice of this attorney is evidently at tn,
bottom Of all that was wrongfully done by tn,
Know Nothing commissioners on the day of tn,
election except, it may be, the reception O
the vote Of his son by one of the commits
sioners, sworn to administer his trust accord
ing to law whom he (the father, sitting as
judge knew not to be of the age to vote
according to the decision Of the Court. Eve,
il the counsel for the corporation were
disin'erested individual, his assumption of tn.
night to advise, in his official capacity, the un
learned committeeman, members of hi, secrs
midnight conspiracy, to so disregard the ad
mitted opinion Of our highest court in deter
mining the rights Of his fellow-citizens, would
pave assa AZ aat rendering bip, in 9yy jydg.