Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1855-06-08


In an article In yesterdays paper, In reply
to a statement Of the Latslligsneer, we stated
that "no decision was made" by tho Circui
Court on Monday, in the case submitted to it
As the proceedings Of the court have moi
been made public In an official manner, W,
must rely upon the best evidence at our com
mand as to what the "opinion" of the court
really was.
An application was made to the court by
naturalIzed foreigner for writ of mandamu'
TO the Register OF tho city, requiring him t.
enter the name Of the applicant upon the list
OF voters.
As follows, 1--WE quote from our report Of the
81 Of June:)
"Thc case brought up for adjudication was the
D ,titon for writ Of mandamus by Thos j. Gruen
who was naturalized on the 9th OF May.
Mr.. Lawrence read the petition, which stated
t,at the petitioner was naturalzed on the 9th o.
NAV; that he was a resident Of the Fourth Ward
OF this city, and was subject 70 school tax on the
8lst Of December last. but that hia name was moi
returned by the assessors as 80 subject, and tn,
placing his name as such was refused by the Regis
ter Of the city, although no had rendered tn,
q mount Of the school tax 10 the Register, and end
0 i BY praying for rule against w. ]. Mccormick.
Esq, for him to appear and chow cause why writ
o. mandamus should not Issue against him, COM
manding him to insert the petition. rs name among
those in tho Fourth Ward 20 subject to the school
tax and enttl d to vote at any election which ma,
bs hld in this city.
"Mr. Bradley, for the Register. acknowledged
tho service Of the rule, and admitting the facts az
stated In the petition stated he was ready to rhow
cause why the writ Of mandamus should not isaue.
sMr. Carlisle demanded that this verbal answer
was not sufficient, and should be In writing.
"Mr. Bradley reduced the same to writing, and
then proceeded 70 address the court In opposition
- the prayer Of the petitioner"
The case was fully argued on both sides,
and, on Monday, june 4th, the court came in,
and Justice Dunlop gave the following "opin-
ION" or decision" as our reporter had it. He
remarked:
ssThe Assessors are the persons who return the
nmes Of those subject to the school tax, and then
turn the same 10 the Register merely for safe
keeping, and no process could run against them.
They are given by the Register TO the Judges Of
election, and If this court has any power, It would
Issue against them.
According to the charter, the judges Of elec-
ton are not ministerial officers, against whom
process issues, but are constituted judges Of the
a affiliations Of voters, and this power Is given
Z, them absolutely and solely, and this court has
no jurisdiction or poor whaferer, an the premises
Justice Morsen made few renal ks, agreeing
a. to tho soant of legal jurisdction Of the court
but expressed no opinion upon the other questions
Involved"
Hero then Is the opinion or decision" Of
the Circuit Court in the case to which allusion
IL made. The court decided that 10 had no
Jurisdiction in tho case, and refused TO issue
ito naandamus for which tho petitioner ap-
piled. 1t moreover decided" or expressed
the opinion that the Commissioners Of Election
rsrs solo and absolute judges Of tho qualif-
cItions of poters This is the sum and sub
sance Of the action Of the Circuit Court, as
we understand it, from the best means Of in
f,rmation at our command. five are in error,
we should be gra,iAed by . correction Of tn.
error from any competent authority.
The Iatsliigsnosr Of this morning has the
following paragraph:
eve were informed last night by Mr.. James p
Mexican, one Of the Commissioners Ut the Fourth
Ward, that the Commissioners were kept in igno-
rance or the above decision Of the Court (which
was given about the time the polls were first
o,sned) until six O'clock in the evening, when one
OF hi. colleagues obtained an evening paper IN
which Il was announced. The same gentleman
further stated to US that II the Comm ssioners had
b.en officially informed Of ths decison, IL woulj
have been obeyed, not only In the Fourth Ward,
bat, as he believes, in all the other Wards"
Tie Iatelligsaoer, in the article from which
tao above paragraph is extracted, carefully con-
c,als from It's readers the "olinion Of the
c ,urt quoted by US above, and does not con-
descend 1, inform them that the court refused
TO issue The mandamus prayed for BY Mr..
Gruen. Ia this fair or honorablef
With regard TO its statement that the Com
missioners Of the Fourth Ward were kept ~
ignorance of the decision" Of the court until
six o'clock in the evening, we have no informa-
ton. But we presume, that, II any official per-
s,nage attached TO tho court, or to the city
government, hos neglected bis duty In this
matter, It will be a proper subject for investi-
CATION. We do not well see how the Com
n,issioners can be censured for their impu-
tod" ignorance Of the action Of the court, when
they were shut up in the polls In the discharge
OF their duties.
Since writing the above, we have received
the following note from Mr.. James P. Mexican,
Commissioner of the Fourth Ward:
IT. hs Editor Of the Organ:
1 yesterday wrote note with reference TO my
action az one Of the Commits ioners OF the late Erc
ton, and requested its publication In the Intel
Roeneer stating at the same time, that II there
was anything Objectionable in the language, was
willing TO have Il revised. That note was left At
the fnfeiiiocnreY Office, with the mutual under
standing that either the note itself the substance
Of if shouid be published In that paper. In Its
local column Of this morning there is paragraph,
g. which my name Is introduced, placing me In
different position from that assumed In my note.
Satisfied that this Is the result of misunderstand
ing, prefer that the correction should be made
through the columns Of that Journal.
When the substance of the note referred to
above (which IL now in the possession of the Intel
hgemcer ofice) appears, It will be seen that the ac-
ton Of the Commissioners, Of whom ! was one, was
strictly and entirely in accordance with existing
law. JAMES L. MckEAs.
June 8, 1855.
At recent meeting of mal-contents at
Harmony Hail." Luous a non luoendo-a re-