The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1866-10-04

S4arkspurg for, the following resume of
a very Important decision recently
made there by Judge Bunker, Of the
Hampshire Circuit; who had exchanged
circnits with Judge Thomas w. Har-
rison 20
ri Jefferson g IL Fletcher % Petition for Man MAJ
OF HARRISON County AaFrisSn dSS SSSaS COUNTY ~
The plaintiff Fletcher took the oath
prescribed in the Registration Act q
26tn OF February, 1885, and was regis
tered tnsAprit last by the Registrar oi
his township. II c..,.,s;fft'Yfl. ;.
phe Board of Registratio then gave
Ftetcher notice that he was not a u1ali-
ned voter because he had given Volun-
tary aid and assistance to persons in
repellton against the Government OF
the United States, and that his name
would be stricken from the list oi
voters; on the return OF which notice.
the Board being satisfied from evidence
that the said Fletcher had given Vollunt
tary aid and assistance to persons in
rebellion against the United States,
struck his name from the list of regis.
tered voters. .ftIts{ n Pc
AT the October term of the Circuit
Court of Harrison county, Judge Bunker
presiding, Fletcher applied to the Court
for mandamus to compel the Board
to register him5asa voter. Judge Bun
ker required Fletcherto state in his,pe-
utlons tor his mandamus that H he is a
white male citizen of the State. over
twenty-one years of age; that he has
been resident of the State for one year,
and of Harrison county for thirty days:
thathe Is not of unsound mind; Is not
a pauper, or under conviction 81 tfea-
son, telony5or briberyafn an election,
and that he has not since the first day
OF June, 1851, given voluntary aid tor
assistance to the rebellion against the
United States." and required him 70
swear that his petition is true, before
he would cause it to be filed. ns,
Upon the petition mandamus a,isi
was awarded, which the board amend
ed and prayed that a peremptory man
danus should not Issue foricertain for
NAL reasons, specified, in the retnrn,
and for the following substantial rea-
sons: mH tNsFE 5.5 ia lIs
"That the said plaintiff, since tile first
day of June, 1851, has Voluntarily given
aid, comfort and assistance to persons
United States."
THAT the said plaintiff since the 1st
of June, 1861, did give voluntary aid
and assistance to the rebellion against
the United States, and has not Volun-
teered into the military or naval SER
vice of the United States and been hon
orably discharged therefroIn,n
To these causes assigned by the board
for striking the name of Fletcher from
the list of registered voters the said
Fletcher demurred, that is, insisted that
the reasons given by the board were NOT
sufhctenttojustify their action.sti
This demurrer being submitted to the
court, the court decided that the reasons
assigned were sufficient to justify the
board in its action! II :, i';.,3' - +
Whereupon the satd Fletcher took
issue on the answer of the board, that
is, denied the truth OF the answer OF
the board, and jury was empahneled
to try the issue, which issue the Jury
found In favor of the board of registra-
tion. sft'
It will be observed that the question
us to the constitntionality of The. test
oath in the registration act did not
arise in the case, the plaintiff havinS
previously taken that oath; but the
question as to the validity of the con-
stttuttonal amendment did twice arise;
first, on the filing of the petition, and
second; on the demurrer to the answer
to the board, and in both instances its
validity was affirmed. The practical
effect OF the rulings in this case is that
the Registrars and Boards of Registra-
ttoni have the right to require any per-
son applying to be registered to take
the same oath which the court required
Fletcher otake on film 3 his petition.
The rulings in this case are very impor-
tant at this times especially SO when II
is remembered that they were made by
the Judge OF the Hampshire Circuit,
where an unfortunate decision has re.
Gently been made, and furnishes the
guarantee that no more man
damuses of the Armstrong sort
will get into. court until the petitioner
shall first take the oath "that he has
not, since the first day Of June, 1851,
gwen voluntary aid or assistance to the
rebellion againstt the United States.n