Evening star. [volume] (Washington, D.C.) 1854-1972, 1859-11-09

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CAsE--The arguments Of The conpusi IN Ne ease
Of qie wpvenss eat. Henry Addison. calling npons
him to show legal titls % TIE once q Nsyos q
6eorge<own, which be now holds, wsec mnas
before the Court Yesterday pI0 hsd been
made by the respoadent, 70 which srries Of
repiicatious xers putin BY the rslatoe. which ~
met BY the .rssPosdsut ~ demurrer 70 Ne dxsh
,isary wiss-r Davis, q ssitinsrs, eoun.rl ~
speech. he held that but tve sllegusi0ss q act
denied that Mr.. AddIsoa had ben returned by
the {uogo Of election and that which alleged
sse<ber psrsoa 70 have been returned Whit vss
refefsed g va the sefsyS Of the judges, Dot the
know whether there was any pFovisioe made
whereby the judges Of the four rrecincf were q
meet eoSem4 md make common return, but he
The judges Of the several precincts made their re-
tarps, aad deposited them with the Clerk Of The
CORPORATION, who was BY virfse Of custom Of
ea oss issa aE yssn sanding thsir only lawful
iqi keeping ofug documents Of the Cofporafion.
Now IL the refurns ffom the second prec met we're
samitssd ne rs,ols q Tie election would be one
wayse<fnere va no general return. An election
was one thing, snti q return another thine. - =
AItei explaining the geuersl law - ELECTIONS In
Judges, and especially In reference 70 f6s rsiec-
don by the Judges Of good votes, which rood
votes although rejected, she lsw coatanpIstsd as
that what constitutes an election Is not The es,t,3
cate OF The Judges, but the number Of leual VOTE
recelved Here reference was made fos sustain
Sszn., ses osson 6y the sps.ker % the act q
1co5, section O, and act % 1850. s<ctloo q II ne
went On 70 show that this act Contemplate refer
ence o. me votes 70 se1sstedy, and the Councils,
which have To- declare who Is elected, mus
hive some way Of Determining between the Oh
posing candidates, who are elected How should
.ney new IL was oovious that the returns Of
porafion, that the result tnefeof NAV be brouylf
20 ne notice Of the Councils WHOSE r,inisser the
Ciefk IL in strict construction, il was not the
they wose TO receive good votes duriny the bonrs
o. election, and when the election n CONCLUDED
eney are 70 return them TO the Clerk Of the Como
hss9a TO- or ssie keePing How could the person
having the highest number Of votes be declared
elected II the votes De not examined. = =
The speaker held that the process was tbe same
oeefgetown as that which attends the DECLARE
States, on small scale. Refefence Wa I'm
made 70 Tie act a. 1855, dividing the town into
fenr pfccincn5 also to the ordinance of the Corpo-
Sa q s Sss IsPg Tie s.s. q sss
declare who is elected Mayor, the speaker held
taat It did ~ devoiye on the circalt Court 10 do
~ g .9s Juazss Of election either il was the duty
.deciafingr iny6lses the power Of 81 tdcing ),
H~ss pet qiiestioa Of who had the certifeste.
p 9nx sEns had The greatest aamber of voses.,
reverence was here made 10 . number Of cases
barring on this Question, and One speaker con-
eiaded ~ .dyrrtng 70 abs w estminster election
In Enslsnd, in the early part Of this century,
winch case II took weeks 10 scsutinize the yoses
NJ. Brent, q Baltimore, answered the argument
e o. as. Davis. reviewing 10, and drawing the in
ference nereuom that the returns Of the iudges
were y be considered a nothing. and TAI sny
Pefson who can lay his hand on the ballot-box has
fright TO esnnt the votes TO asceftdn for himself
the jsdg are the cole and ONLY persoos 10 ~
an election return. The speaker went on 10 main.
ta'a ~ opposition 10 the decision Of this court IN
ss ana Ss VIII ss s.S ss ca c.nsh
frse aese evidence that the returns Of the Judges
OF ekrction are tnalr The sapreme Cont had de-
s slasa ,se orssr way lesh Peter 70 land there
IL they fhe act OK Conrress In
'snp mzster eavs no power either 70 the Circuit
Sour o. % me city Councils, but 70 the judges Of
election alone True. there was no law 70 compel
the judges OF election In the several psecipcts IN
meet together and say who IL elected mayor. but
ne denied the legal necessity OF swearing In a
ceuncils. q was not even necessary TO the validity
OF the election that II should be held on the day
stated, a. was shown IN the decision Of Governor
seazey IN The case OF the celebrated nineteen,
OF the Legislative history Of Maryland. Nefther
was there any law commanding the return OF The
b@iipss 70 The clark eftne CORPORATION The simple
Psseso q the slecto and II the ballots cast AZ an
Be Legal and vsd Ys na med' q .s h
"a meaat nos tts ballots, but the report OF the
NJ. c.slisle followed on the same side. saving
nat The case pending was novel In some respects
nsirbsen Fol s r. n sss n, history q on, quie'
n's9e % ne Clerk, ~ whom notification had been
made ana then the Mayor sworn in. The spcakel
he'd tnat tnis Power IN aeenveniion Of the Coun-
to the baiiceboxtsfor an evidence OF bis election
He clam<d his election By law, and by the faet n
i sso ss ne ;ssid e bsss From ls95 Z
e ssa ss @ y s power sas e. did, rss Conn ss
>; Msyo.- They have no supervisory power. The
% ne vreas sseincis, and he po2ess ne
judges ere specific, exclusive, and concIusive N
was, IN the opinion Of the speaker fortunate that
szere va no provision Of law % compel meeting
non y dctefmine who ID Mayor, a. it wouid-es-
PecistiT A The present times-open wide door 4
oaliot-eox stufaay ssd az kinds Of fraud
n feDuary Iast, with ali the proceedings cone
sesns she[sop and insisted that the question now
'fsissd n the opposing pleading was whether the
nan y TIE true Mayor Of GeorRetown who had the
greatest nulabe Of vo<<s.p OF thc man who WIS
N'.eturned by mistake ty shc judgesy Tn. spezker
REPEATED some Of the mais points Of the argument
OF MI Davis, and urged thai there must crist
ssa<s Asrs The power - sseYmine from the ssversl
Istnrns Of the different precincu who d 1iavcr.
ne clerk could not, ~ he had NOT the aufborifv.
athe jodkes could not, they are goss and d,
Esss7d: Who then, was len bat he Councils!
The speaker boped never 70 see the d.v when
judges Of election should Be ljabis 70 BE- csIIed
upon to answer fnoed BE- bcfofo this cour for their
ndetity 70 the enkce they had undestahen n TIE
srgnusenf q tfls other aide was valid, n would
hive the enect Of putting the whole Georretow
sleenss ~ ne power q the jndgcafof single
The Court holds The matter under adviseuens.
slIeday, the Court hsasd the eoucludinQ asgu-
Inents Of counsel In the applications for au 1niunc
uonfs pes..in the 4arshal from selling the ssffie
tskea ~ htm 1om Hoover and Drain, 70 safisfy
Judgment against Hoover one Of the nar1,,crs
A.. chilton Wa sddre1tn2 the Court for the de-
fendant1n the Hoover case when our re uort cIos-a
The Cont lad mnd> N d>rf~ ;<.-.