Daily national Republican., 1863-05-30
WHO HAVE A R1GHr TO voTEl


ers Of Election intend to decide adversely to
the qualification of voters whose names do not
appear on the school tax list, as compiled by
the assessors, the following decision Of Judge
Dunlop, and the opinion of James NJ. Carlisle,
Esq, thereupon, will serve to enlighten the
commissioners and voters on the subject. We
copy it from the National Tntelligencer, of date
June lst 1854. 1t is the official record;
The circuit court met Yesterday morning
pursuant to adjournment on Saturday last, In
order to hear the case on petition for a man.
damus to compel the Register of the city Of
Washington to place on the list Of duly quail
fed voters at the next election the name Of
Charles $. Wallach, ESD, omitted to be entered
thereon by the Assessors of the Fourth ward.
Mr.. Carlisle addressed the court on behalf of
the Corporation, and in reply to the petition of
Mr.. Wallach above described. He wanted uni
formity at all the polls, and asked decision of
the court for the guidance of the Corporation
and Commissioners. Mr.. Carlisle read the pc
tition of Mr.. Wallach at length, stating that he
is every way duly qualified citizen, and had
paid all his taxes, as called for by the two
charters Of the city Of 1920 and lS4S. He there
fore demands his right TO be considered as a
legal voter.
Mr.. Carlisle gave II as the view of the Cor
poration that by the charter of lS4S 1t is neces-
sary to obey all its requsitons to be entitled to
vote. The claim of Mr. WallaCh was based on
the charter of 1920, and he (Mr. W. asks that
If his name was omitted through inadvcrtence
or mistake, it might be now restored.
In the course of his argument, Mr.. Carlisle
based the right to vote under the present char
ter on the payment of the school tax, and held
that the property qualiG cation under the charter
of 1920 is abolished; also, If a citizen be not
assessed before the 3lst December, he is not
Iii ha rnA aftn "A.
qualification of voters is concerned, the opln-
ion of the Corporation has been that the charter
of lS4S entirely superedes that of 1890, and il
was their desire to know from the Court II
their construction is right or wrong.
Mr.. Chas. S. Wallach stated that there were
three classes of individuals affected in this case
He asked If the charter OF 1913 supersedes that
Of 1920, or was 1t only cumulative and supple
mentary Can a party be made to suffer
through the inadvCrtence or carelessness of the
Assessors or the Register He contended that
the acts of lS4S merely granted an extension Of
the right Of suffrage, and did not invalidate
the charter of 1920.
Mr.. Richard s. Coke followed on the same
side. But very brief time had been given to
reflect on this question. He would ask II a
citizen were 70 be denied his rights through the
lnadvertence of Corporation officer or officers,
whether by and by the same thing would not be
done through design! For himself he had
never seen one of the poll-lists spoken Of; they
were almost invisible. One friend of his had
seen one in a barber's shop and another had
secn one somewhere else.
No ordinance of the city of Washington can
have force il without law, against law or going
beyond the law. The charter OF lS4S continues
that of 1920 in force and enlarges 1t. The
other side assert that the payment of a school
tax is what entities to vote; but If this be so
aliens and free negroes are entitled, contrary to
the provisions of the act of 1890.
Mr.. Coke insisted that Mr.. Wallach or any
citizen similarly situated, is entitled to an ac-
tion at law against any judges or commission
ers of election refusing to accept his profered
vote. He also insisted that, by its ordinance
of 1919, the Corporation had transcribed its
powers under the charter, in denying the right
to vote to all others than those who were regis
tered in a certain way, and in fixing the 3lst
of DecCmber-nearly six months in advance OF
the time of electiOn-as day beyond which
the names of citizens could not be registered.
When assessors omitted giving in the names of
parties as liable TO school tax, they violated
their duty, either by accident or design; but
citizens were not to be made 10 suffer through
their fault, nor TO be deprived of the right to
vote.
Equally incapable is the Corporation to refuse
a power to revise the lists and correct mistakes
and supply omissions In doing this they tran
scend their powers. The case of the church In
went the other way The powers were much
larger than those granted to this Corporation.
Mr. Coke concluded by reasserting that the
act of lS4S was cumulative and not destructive
of the act of 1920, and that, according to the
decision of the Court Of Kings Bench in Eng
land in Ashby & White, Mr. Walach would
be entitled to an action against an officer of
election who should refuse his offer TO vote.
Mr.. Bradley, for the Corporation, character
lied the petition as seeking. to repeal an ordi-
nance fsthe Corporation which had stood the
trial of three elections, and had until now been
quietly acQusced In by all our citizens. He
denied that the Corporation had no power to
pass these regulations, since Congress had
given II all power necessary to carry granted
powers into effect. The act of lS4S covered
the whole ground, and CompelB the payment of
q school tax in addition TO other taxes as neces-
sary to qualification TO vote. The Corporation
have done nothing beyond the exercise of this
power. The ordinance Of lS40 is not contrary
to the charter. II Mr. Walach's exercise of
suffrage Is endangered, the fault is nobody's
but his own, in not having examined the
printed and published lists. Besldes, the
period for the operation Of mandamus is now
too late; 1t could apply only previous to the
3lst Of DGcember
Judge Dunlop thought that Mr.. Wallach had
committed no default. He had for years been
a regular taxpayer and voter in the Fourth
ward and had right to presume he was con-
tlnued as such. It did not appear that Con-
gress Intended to deprive citizen of the right
to vote who had committed no default.
After Mr.. Bradley had concluded, Mr.. Car
Isle offered the Court a series of points or pro-
positions for their judgment.
The Court, briefly consulting, decided that
In addition TO the qualifications under the act
of 1920, that of lS4S suporadded the payment
OF a school tax; that all the roquisitions of the
act of lS4S must be complied with. In Mr.
Wallach's case every qualification was shown
to he complete. 1t is the Assessors duty to
seek out citizens, and that of citizens to find
if they have been enrolled, and if all his quail
fications are complete, the citizen Ia entitled-to
vote. Mr.. Wallach had a right to presume he
was on the list.
All persons having the requisite quali6ea-
tions, and subject TO the school tax, ought to
have been assessei, and are entitled to vote.
Congress appeared to have two purposes in
this act of i94S: one 10 describe the proper
qualifications for voter, and the other to raise
a tax for the support Of the public schools of
the city. There were other purposes, but they
were subordinate and directory, and not indis.
pensable. The evidence Of qualification af-
forded by the registry Is not excluslvej other