Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1855-07-11
CITY INTELLIGENCE.



TO Advertisers.
The daily circulation Of d . Ameyioan Oygan Is
Ear greater than that Of any per in Washington,
with one exception and the weekly circulation which
already reaches twsYe thousand il increasing at the
rate Of several hundred week. II has ncreas-
cd at this rate with remarkable regularity from the
FIRST month Of its publication. Advertisers who wish
10 give their advertisements de circulation should
bear these facts in mind Thu Gly Oygaa is distrib
utsd chiefly In Washington, Georgetown, Alexandria,
Fredericksburg, Richmond, Norfolk, Portsmouth, and
Baltimore. Tho weekly 0ygaa is sent TO every quar-
tor Of the UnlCn.
The following is the opinion of Joseph h. Brad
ley, Esq, Corporation Attorney, presented TO the
Board of Aldermen, last Monday, by the Chairman
of the Committee on Elections, among the papers
relating to the contested seat of the Alderman Of
the Fifth Ward;
WAsHMGroS, June 20, 1865.
r. 8. leans, Esq, Chairman Com. on Elections !:
Sin: In reply TO your request for my opinion on
the fifth section Of the Charter of ls4S and to
yonr question whether person must have been
naturalized twelve months prior to the day Of the
election to ente him to vote, 1t 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 ju-
dioially decide these questions and what they have
said has been perhaps extrajudicia. 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, although not in a strictly
legal sense obligatory as would be the judgment
Of the same Court pronounced in cause over
which they had jurisdiction, yet they ought to be
Fl III
sense Of duty. therefore give you as under
stand them, the substance Of those opinions:
/. Every free white male person residing in the
city of Washington on the 3lst of December in
each year, being twenty -one years of age whether
native, naturalized alien, is liable to be assessed
for school tax.
Q. If he shall have been omitted, by accident or
design he has 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 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
naturazed for any certain period of time before he
offers to vote, and it may be Immediately before
and on the same day.
These, understand, are the propositions con-
tanned in the opinion of Judge Dunlop, and in
which Judge Morsell expressed his concurrence.
They seem to me to cover the whole ground of the
questions contained in your letter.
It is, however, my duty to present to you my
own views of these questions, and do so with the
utmost respect for the opinions thus expressed,
and with profound sense of the responsibility
thus devolved on me.
I cannot assent to these propositions, except
the first, and my judgment to that is not entire
ly clear.
Assuming, however, that "every free white
male citizen Of Washington, las distinguished from
citizen Of the United States, twenty-one years of
age, and residing in the city of Washington on the
3lst December, is to be returned on the books of
the Corporation as subject to school tax for that
year. do not how the others are affected by it.
consider the list made up by the. Assessors and
returned to the Register on the 31st December,
according the second section of the act of 18th
October, 1850, as final and conclusive and beyond
the correction of any persons or judicial authority
whatever.
The Judges, in their opinions, arrive at the con-
cusion that 1t may be corrected while in the hands
of the Register, or after it has been transmitted
by him to the Commissioners of Elections. BY
whom this correction is to be made, in what man
ner, upon what evidence, has not been pointed out
by them. have in vain endeavored to solve
these difficulties, and to find in the Charter
and the Bylaws any authority for this conclusion
II Nh right IN tnlb, as 4 am persuaded i am, anu
my reasoning shall appear satisfactory to your
Board, the responsibility of the decision must rest
with you.
The Charter of 1920, section s, provides that
each Board shall judge Of the legality of the cleo
tons, returns, and qualifications of its own mem
bers The Charter Of ls4s, section 8, provides for
the election Of Board of Assessors, and the re-
turns of election for Assessors shall be made in
the same manner and form the returns of the
election for members Of the Board Of Aldermen
and Board of Common Council"
"Thc hoard of Assessors shall assess and value
and make return of all and every species Of prop
erty by law taxable, at such times and under such
regulations the said Corporation shall prescribe,
and shall make return of all persons subject to
school tax in said city, under such regulations as
the said Corporation shall prescribe and il the
said assessors or either Of them, shall refuse or
wilfnlly neglect to make return Of any per.
subject TO a school tax, they, or the one so Of
Tending, shall be subject to fine not exceeding
500 for each offence, at the discretion Of the Cir
cult Court Of the District of Columbia for the
county Of Washington, and shall thereafter be in
capable of holding any Office under the Corpora
tion,n &c.
In pursuance Of the authority given 10 this
Charter, the Corporation by their act Of 80th May
lS49, providing for the assessment and valuation
ofa property In the city of Washington in the
l1th section, provided that the Board of As
SCISSORS annually, at the same time that they
and value and make return fthe taxable property
Of the inhabitants of this city, shall make out, by
wards, lists ofa persons in this city subject to the
school tax that is to say, they shall ascertain the
Of every free white male citizen of this city
Of the age Of 81 years and upwards, at the time Of
making said lists, who will be of that age prior
TO the then next 3lst December" &c.
This act was added to by the act Of nth octo-
Der, 1850, the first section of which provides that
the Assessors, annually, in October, shall revise
the list Of persons subject TO school tax, return
IL TO the Register on the LIST Monday in November,
and the Register shall publish $50 copies for each
ward, with the following heading:
"A list of the names Of all persons in the Ward
returned by the Board of Assessors as subject to
the school tax for the year ending the Slst De-
cember. No person can vote ut the next election
In this city whose name Is not returned by the
Board Of Assessors as subject TO the school tar for
this year therefore, every free white male citizen