Evening star. [volume] (Washington, D.C.) 1854-1972, 1863-06-01
QUALIFICATION or VOTERS.

Opinion OF the Attorney Of che Cooperation.
WAsHINGToS, May ~. 1861.
NY official opinion, as the ATTORNEY OF the
Corporation OF Washington. in regard 70 the
qualifications OF voters and their right to vote at
the municipal elections in this city, ha wing been
requested by some Of the Commissioners of
Election, proceed to eivei i. as briefly IS lean.
The Charter OF 1915, section 5, with the
amendments IN The act Of 10th May. 1-5s con-
aims, in very clear and specific terms. 3 list
IT the necessary qualifications Of each voter.
3y it the qualifications prescribed in the Char
ttr Of le2c Were repealed.
]. He must be a free white male citizen OF the
United States; tM es,y-one years Of ag before
the. 3lst day Of December next preceding the
day. OF the election: and either native horn or
haturaiiZed pl ior to the said 3lst day OF Deem
Der.
>. He must have resided in the city Of Wash
inGtoD one year prior TO the me he offers to
vote. and be resident OF the precinct in which
he offers to vote 1T the time he so offers. By
this is meant he must have abandoned his for
mer doDicil in the State or Territory from
which he eDiera'ed, and must have taken mp
his residence in the city ST Washington, with
intent to make that his hcma, and to become q
citizen theleof year prior to the time he offers
10 vote. In every other case he is a soOurner,
and not liable to q school tax.
). He must hare been returned on The boots Of
thtS CorporaticR dnrtng the year ending the 31st
December neat preceding the day Of election as sub
jec' 10 a schGo, tar for that year.
By the third clause OF the second section of
have power to lay and "collect a school tax
upon every free tchite male CITIZEN, of the age
Of t,ceafy.CRe years and up,cards, Of one dollar
per annpm.
This determines what is meant nv those who
t'aace been returned on the books Of the Corpora.
HoH'' y 4 'sds subject to a school tar" and in
what sense the word ssCITIZEN" is used
IL there were any remaining doubt as to the
necessity OF this return on the books, as requi-
site qualification Of voter, il is removed by
the proviso OF the fifth section, and by the act
OF Congress OF the 10th of May, 1856, requiring
two precincts in each ward, and providing that
inasmnch persons arriving at the age OF
twenty one years after the Dist of December,
and prior to the election, could not vote, so
persons naturalized within the same time
should not-showing the intention OF Congress
that the registry or asses sment was to be the
guide.
am quite aware an impression has long pre-
vailed that the late Circuit Court of this Dis
trict decided, in the year 1854, in the case of
Charles 5. Wallach, petitioning for nanda-
mus, that this is not the true construction of
the Charter, and thai it was to be interpreted
benehcialy in favor Of a party claiming to vote,
but whose name. by fraud, accident. or mistake,
had been omitted by the Assessors. In such
cases II was supposed to be the opinion of those
Judges that the Commi SsOners OF Election NAV
resort to proof and correct the poll list. And
such. as uAdetS tanG, was the inference OF nv
late predecessor, Mr.. Garlic, who, assuming
that case to be ~ ;iuthoritiye Interpretation of
the Charter, prepared certain Instructions FOR
The guidance of the Commissioners, founded on
that assumption.
1 have never SO understood that case In
point Of fact, rs the record shccs, decision
,,Gde By The Court, and no judgment gicen an the
use. An opinion was expressed by the Court,
or a majority Of them, to the effect have sta
ted, which was intended as guide for the
Commissioners at the election then about to
take place, bnt it could have no binding effect
upon the Commissioners, and was never
claimed to have. Under it an imperfect usage
has grown up, by Eo means uniform or unbro-
m nlld Itt,sat.
the Assessors list so far as to admit the votes
OF persons not upon this list. 1 have always
thought this an error, although it was q yenial
one. to be corrected by the Court IN any future
contested case Of election.
The Corporation. under the grants in their
Charter, have made very careful and very am
pie provision IoS. the ascertainment of those
persons who are subject TO a school tax, and for
the correction of the lists prior to the 81 st De-
celnber in each year, at the same time re OUR
ing full public notice in each precin ct of the list
ana opportunity tcr every person whose name
has been omitted 10 have it corrected. When
the list is completed it's fnai, so far any power
exists in the officers of the Corporation or Com
missioners Of Election under existing laws
And, in my Judgment, two of It's main objects,
viz: the prevention of Illegal votes and the as
ceTtalnment OF the persons subject to school
tax, would be entirely defeated, by an assump-
ton ON the part OF the Commissioners Of EIec-
ton &c correct the errors OF the Assessors. No
such power Is given IN the Charter, or under
any laws of this Corporation. The Assessors
returns, as furnished to them by the Register
are and oughL to be their sole guides.
The opinion OF the Judges OF the late Circuit
Court Is entitled to great respect, and few per-
sons would yield to it more ready obedience
than l would. Their decision and judgment
would have been binding. But in the absence
OF that. with the very clear convictions of my
own mind on this subject when called upon,
on my official responsi Utility, for an opinion,
am obliged to say. there is no power in the
Commissioners OF Election to receive the vote
of one not on the poll list, who has not paid
he school tax. and all other taxes on personal
property: or who is non compos mentis. yagrant
or pauper, or who has been con Yicted Of any
infamous crime. Jos. II. BRADLEY
Attorney Tor Corporation Of Washington.