Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1861-02-07

Tar VISIBLE ADnKTuRa QuEsTIOE IN
COunoIL.--Mr. Johnston, from the Special
Committee, TO whom was referred the com
ulunication of Jes,e Beckley, has prepared
tie following report which will be sub
miated next Wednesday evening; rt
aA Z the October election Of the year 1850
sccord,ug totbe psual custom. the voters Of
the -Four. h Ward assembled at the usual Place
OF voting, and selected from among theirbum
ber, Messrs, G'sss, Paine aud Cleary, to act
as Judges Of sGid election said judges having
been sworn TO act in accordance with their
best Judgment, they refused 10 receive the
vote of Jesse BeGkley, on The grouod OF his
being of African blocd. The opniou at that
time was unanimous as it was geuer1lly
supposed be was not legal voter. Mt.
Beckley thus being disfrauchisedr sought TO
obtain redress through the courts and afIer
several Attempts succeeded IN obiatnlug .
Judgment Of $500 and costs, stmourting Ia
all, to 5000 Said Judgment WIS oetSlned
against the judges of the election. The city
should have been the defendant 10 the suit,
in place of Glass et al, rs it took eog1izanoe
by the action of the City Council, in Lu-
thorizing Judge Hall, who was the City So
licitor, TO attend TO the case, aud also ern
ployed Mr.. PIOhssco to assist in the defense.
An appropriation of $40 TO pay the expense
of procuring witnesses 70 20 TO Lebanon,
was made. The plaintiff was about to COM
promise the case with the defendants on
terms satisfactory to all parties, but the City
Solicitor interfering, frustrated all compro-
mise, which is another reason why the city
should pay The Judgment
"Your Committee do not claim that the
city is legally liable 10 pay said judgment,
but as a matter of equity, il is bound to pro-
tect its agents, as the duties imposed on them
while acting as judges, make it imperative
on them to be the judges of the law. A
person thought to be an illegal voter offers
his ultimatum: Take my vote, or l will
make yen pay damages" on the other hand,
| if be is thought to he legal voter, and it is
afterward shown to the contrary, he runs
the risk of fine, as provided for in the
statutes, by receiving fraudulent votes.
1.-THE City Council has heretofore estab-
lisbed the precedent of sdstaining judges OF
electors, in the case of William Beckley
against VIM. Perry and others, judges ol
the Fourteenth Ward polls, when a judg-
ment was obtained on the same grounds as
the present case, that of refusing his vote.
The City Council appropriated money to
pay the judgment, thereby releasing said
gentlemen from any damage. That case
being exsctly similar to the present one, the
sctiOn taken by the CITY Council in defend
iug Mr.. Glass aDd Others, and the refusal OF
the City Solicitor to allow any settlement
of the matter, renders the city liable, in
equity, to pass the accompanying ordinance,
which will end further litigation on the sub
jet, ss it is in contemplation to iostilute
suit seaiust the City of Cincinnati aud w.
W. Higbee, ] II. F Groeue and W. Kirk,
judges of election, in the spring of 1859, for
refusing to take the vote of Jesse Byckley.
Being firmly convinced that the suit
would result in a judgment for the plaintiff,
your Committee think, as q matter OF
economy to the city, and justice 10 the
gentlemen who so kindly consented to act as
judges of elections, the accompanying ordi.
| noDce should be passed"
The ordinance proposes to appropriate
| $500.