Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1866-10-09

GU are hereDy commanded to summons
the following named persons to appear before
the County Board of Registration on Wednes-
day, October Sd, 1866, to show cause WHY
their names should not be stricken off the
Books.
(Here follow the names of the twenty)
Please return this.
q. D. TRAINER, cSert.
This summons is without date, but it was
served on me at o'clock, a. NJ, of the Sd,
and the Constable Informed me that it was
served upon eight of the twenty named-he
not having time to perform that duty as to all
on the list.
The SUMMONS for, the Harper's Ferry town,
ship did. not see, but it is fair to infer that
it is copy of that from Charlestown. That
was served npon nearly all of the SO ON the
3D. the day before the trial day
By the Sth section Of the Registration Act
Acts &C, page 76-the County Board of Re-
gistration is empowered to examine the books
of the different township registrars land if
they are satisfied that any person has been
registered who has been tai2iy of any of the
acts enumerated in the affidavit, contained in
that section, or is in any way disqualified to
vote, under the provisions thereof, it shall be
the duty of said board to exclude the rame
OF such person from the list Of the registered
voters, upon Procf of any such act or dis
qualification; but the party whose name is
Pi opposed to be excluded, shall have duc no.
tice OF The time and place of TAKING THE
EVIDENCE to prote his disqualification, which
evidence he shaUA hare the right to rG5ut.''
This section gives the board the power to
exclude, but itprescrbes the manner in which
1t shall be done. First, there must be a
proposition to exclude. The law does not say
who may make this propositions The in
ference, however, is that it must come from
one of the board, as they alone have the power
to exclude. 1t is certain that without this
proposition no one can be legally brought be-
fore the board and it is the first thing in
order, for after the proposition comes the no.
tice.
The notice is of the time and 7ozacc-whcn
and where-thG evidence will be taken-not
hcsTd simply, but ret2u~ed to .crIiirg. That
is the way known in which, legally speaking
evidence can be taken. The word take in
this sense means more than receive. 1t means
to take hold Of
The notice is not to the party himself to
appear. The law does not authorize the board
to do any such thing but simply to notify
such party that a proposition has been made
to exclude him and that evidence to prove his
disqualification will be taken at the place and
time mentioned, There certainly is no law
authorizing the board to summon party
sought to be excluded to appear and "show
@cause Gas IN the case Of the twenty. why his
name should not be stricken off the book -
This, however, has been the practice of the
board in this county in numerous instances.
Take the case of Osborn township, for in
stance. There about forty persons we're thus
summoned, and because they failed to appear
their names were SO stricken off and the par
ties refused the right of suffrage.
But again-aitcrIhe party has been thus
legally notified OF the time and place and the
evidence taken, what next is to be done p
Why, under the law, he has a right given
him to rcJut that evidence
The evidence in chief and the rAbutting
evidence being all taken, what then? The
board must be ''s0ti$fcd that the person reg
lstered has been guilty" OF. some one or all of
''the acts enumerated in the affidavit, or is
otherwise disqualified to vote under the pro-
visions of said act" That is the law as it is
wrltt5u The beard must be satisfied. Not
part OF the board, but the qcLo!c board
1.-The board does not mean 1!sqjGrjty of it,
but the whole of it. If one registrar dssents
thereirom, the party cannot legally be ex-
Guided: They sit as jury sworn to deter
mine the matter upon proof, and, ifthey do
not agree. they cannot find man guilty and
exclude him from the registry
have commented thus briefly upon the
law for the double purpose of showing nv
view of its tenor and the fact tAat none of us
were legally summoned to appear at Shep>
herdstown on that day
You will see that some seventy odd of us
were summoned for that day-Oct Sd. Three
OF the eight who were summoned from
Charlestown township, and ffty-fve, think,
IRON HaFpers Ferry, were present that day
So many being sumrToned from these two
townships, who were known to be as loyal as
any OF the board of registration, and who had
already passed through the fiery ordeal of the
township registration and stood the test of
malice and perverted and false theory of the
law, created great surprise and intense indig-
nation
All of them are honest, hard working men,
many depending upon their daily labor for a
support. Some farmers. now seeding Some
had to travel fifteen miles to meet the de-
mands of this inquisition. Those from Har-
per's Ferry chartered canal boat, and went
to Shephcrdstown, en- rnasse, with drum and
fife They were determined to comply with
the law as the board Of registration see it,
and not peanut their names to be stricken
OF" tor appearance. This the board
manitestly did not expect. They thought
doubtless that few, if any, would come at this
busy season of the year, and that they would
thus get clear of sixty or seventy conservative
voters at one fell swoop.
The board was in. session. and, when they
heard the music. quickly closed doors and
prlving the very men whom they had sum-
noned before them for that day from the
right of being heard in their defence. Mr..
Welshans, one of the board, came down
among the men and said they had adjourned,
butcould or would give no reason for tfeirsii1n.
gular action. will do him the justice, how
ever. to say that he regretted the decision Of