New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-23


Before Mr.. Justice SuInEri.,Np
IMPARTIAL UFFRAGE-niPoRTAST CASH ~ TO THE
RIGHT OF PERSONS or COLOR TO voTE-wHo ARE
CoLoRED MES WHO ARB 10 DECIDE OS THE
QUESTION or BLOOD USDER THE CONSTITUTION
The People % rel james II. DaIna usi T. II Greene and
oihers
This motion is brought by the rcator, who was re-
fused registration by The Board Of Registry ofihe Second DE-
iIict Of the Eighteenth Ward the ground that be-
person OF color test hi, night registration and vote We
give the formal paper below
on the call Of the motion Edward Gilbert Of counsel or the
rcl1tor said This was return alternative man,nmls
requiring the Inspectors register their list OF the
name OF james Datna tho rclator in this proceeding
show cause on the third Monday OF November why they had
not done TO- why they should pay the this pro-
ccin that the return n, petition had only been fled ia
court this morning and be had not had time 10 examine IT, and
would like adjournment 10? tc purpose OF determining
whether DE would 90 the return OF traverse IT,
Mr. Cadwaldcr of counsel for respondents objected 20 any
adjournment ard insisted that the matter should on The
question simply whether 81 color had right a. be
registered n Of the state OF Newi or that tie return
had only raised the question which the oser sid, bad desired
10 be raised and they were as wei prepared to 20 Oh his morn
III Justice Sucand-Cortauy We had better dispose Of
This morning The has already been decided in
Ohio Citing an Ohio 'oe HAVE you Ai Gilbert seen that
Ir Cbert-I propose TINT this ease come up on it, own
merits and the facts arising n h. without reference 10 any de-
cson made in any other State have night 10 traverse s
H. it, and deny that this Of color
no least Wlic az some ar lls buf
The Bonr OF Registry nave not pretended "a Lcir return mat
hey ked him any questions regard 10 color The cator
answered n questions ASKED him. They on pretend that they
asked him whether he owner Of freehold property.
deny Board OF Registry have the right look man In
tie face and decide that his complexion too dark II man
singular Thing he Wait the action Of dose Of medi
Mr. Justice suhetlind Ifoa you try the question Of
lis color How viii you do III
Mr. GhbeitIhat H. We claim, question Tor the jury. We
insist on orr right have that question passed on by Jury
before losing vote 10 determine what bind Of color Is 20
cude man nom MS culehmp 10 lhs STATE and What color
Mr. Justice sutherlmd-No II can't go to jury. Itisa
b decided by the udgcby inspection Of the party Laugh
teri You must be practical about this thing You must Not
ronbe where practical result arise think
dispose Of Ibis thing this morning The time OF registry Is
past. Can anything be gained now by this motoni
Nr CadualadrThere il another registry Tor The charter
election impending the 29h aud Goth Of this month and the
decision here may affect tho tights or the rcator N that
Mr. GHbert-The alternative mandemus which was served
the board Of Inspectors require them to register the name
forthwith why they have done II IL
should appear the hearing that tho Board had night 10
refuse TIE rcaior refs men ~ would be lae duty o. me
whether the Board Of Registry obeycd that alternative
Mr. Justice Sutherand-Yon have right 10 trarerce this
return and may have TO do The 20 I'LL
Monday neat TO give lime for H.
The following The papers IN the case.
TETIIIOS OF lHE BELAI0E.
H. pana being duly sworn doth dsposo and say tha,
tide. at No - East Nineteenth St. in the City Of New York
sry lsC That the following named persons wits Richard
Henry Green Dennis Delaney Cornelius V Cross Nathaniel
Jarvis Thomas COggesha have been duly appointed by
the Board Commissioners Of tho Metropolitan Police o the
City and County inspectors Ofregsy and Of cleo
tons the Second DlecOD District In tho Eighteenth Ward
said ciy county the being tie district In which
the defendant resides for this year and for the coming State
general elections that the persons have taken
their prescribed oath Of Office and otherwise duly qualified ana
received their certificates Of appointment from the said Com
mssOncr Metropolitan Police under and pursuant 20 the
Of the Legislature OF the State Of NewHork entitled An
act 10 ascertain by proper proofs the citizens who shall be en-
Titled OF Nav - 1903, that
aboyenamed persons did meet Tuesday three weeks pre-
cedng the general election the being the 10th day OF DC
tober 1866 at o'clock Of that day az tho place desg
mated for holding he poll OF said election 20 wit at NO ~
West Nineteenth Sxthave In said city aud dd then
and there organize themselves Board for the purpose OF
registering the OF the legal OF said district and
did ben aud there appQDl VI their ngabsT ~ VII EesaI