The national Republican., 1867-05-15


ffHE rRkrIoS-MASDAMus ON THI
JuDoEs or RkaIsrRArIos.-In the District Su
preme Court on Monday, justices oiin, Wyli,
and fishsr,) the writ Of mdndamns to issue, tc
compel the judges Of registration to place the
name Of Georgs 7. Langley upon record a. q
legal voter Of this District came up for hearing
and argument.
The piaintlfF was represented by Msars. Jos.
II. Bradley, sr., r. T, Merriok and VIM. Y.
Fsndsll, and the respondents By Ms,,rs. Cook
Mr. Fendall read the petition Of Mr. Langley,
hsretOfore published, and the stidsyit Of Mr. J.
A. Barker, verifying the facts cited therein.
Mr.. Cook read the answer Of the judges Of
registration, admitting that they had been ap-
pointsd AZ such; that they bad accordingly organ.
irsd and entered upon their duties as such, in
conformity with The act Of consres'i and that in
each ward whore they had reason to believe all
had not been registered, the time had been or.
tended 10 allow all who bad, from any cause
whatsyer, mot done 80 an opportunity To be
registered, and that due notice had been given
In the city journals to that effect that the time
had been extended In the First, Second, Fourth
and Seventh wards; that while they were In Sos
sion in the Third ward Mr.. Langley did not pre-.
sent himself 70 be registered as q voter, but he
did so In another ward, aher the record book
had been closed in the ward In which he re-
sided; and, furthermore, they had no evidence
10 the contrary that he (Langley) had given aid,
10, to the rebels" that he bad not been con.
victed Of an infamous crime, - and that he was
not . pauper. That IN accordance with the law
in the rsgi.tration act they would ,it two days
for the purpose Of correcting names improperly
recorded, but not for the purpose Of placing ad.
dttionai names on the registry books
Mr, Cook read the AFFIDAVIT Of Mr.. p. +.
Bacon, one Of the judges Of, registration, cor.
rohorpting the faots set forth $500.
~ n L. n - -.
sldered together-Langley's, Clayton's and Tur-
tons But Mr. Cook objected, as oisyton's
was different from the others.
Mr.. Bradley, In rising to argue tho question,
stated the case arose under the act Of February
s, 1867, and read the act amendatory thereto, Of
March 80, 1857 Tho questions are--how far
have the judges Of registration complied with
tho law, setting few hours q day. Who are
to be placed on the list as voters' And has the
court the jurisdiction to compel the judges Of
registration to comply with the law, II II has
not been complied with
Before the act Of January 8, 1867, under tho
fth section Of the charter Of the oity, elector
was required to pay the school tax and to be 4
free white male; but under the recent laws every
man may vote. Tho judges had at least one
record to mako the registry from. Their duty
was not to record the names Of all persons who
should apply, but to ascertain who had the quail.
ifcations. They must discharge this duty rea'
sonablyj and he asked II they could deprive him
Of the right to vote II bo did not somply with
their will. They assumed that they had the
power beyond the control Of the court to sit III
long as they saw proper, and refuse to register
any one who did not present himself in the time
| they specified.
Mr.. Bradley cited voluminous authorities 4,
to the right Of the return Of the respondents
| and that It was insufficient to stay the issue o
the naanddmH,. Hoquoted from the Inteihgem
Af oEt a . an
o. s. Wallaoh, who had q mdRdamus served
upon the assessors for emitting his name on the
poll list, and II was maintained that the peti.
toner was not in fault; that II was the duty o
the register to have his name and all others ia,
payers and voters on the poll lists. He main
tanned that the eases before the court was simi
| lar In character.
| Mr.. Cook, for the respondents, answered. II
q quite lengthy argument, and maintained tha
the case Of Mr.. Langley was not one justly en-
titling him to the writ Of manaamHJ, and quote,
numerous authorities substa ntiating his position
that Congress had the powor to clotho certain
officers with power and authority which could
| not be interfered with by the court.
Justice Wylie inquired If man could not sue
the judges Of election for damages for refusing to
allow q man, legally entitled, to vote
Mr.. Cook answered. No, not the judges, but
tho commissioners appointed by the court.
Justice 0lin was Of the opinion that tho com
missioners were liable to indictment II they al
lowed any to vote who were not registered pre-
viously
Mr.. Cook spoke of the duties Of the judges
contending that In law it was left to tho Ioun'
| discretion Of judges as to tho mode and name
| Of preparing list of qualified voters. referring
10 the fairness Of tho judges in admitting chnl
lepgers to tho sessions. To 9rant this prayer
his right must DO certain and olear, and tn
RandamKJ should not issue until he shows hi
right,
Judge 0lin could not understand, in the fac,
Of the fact that the very affidavit Of Mr.. Lange.
| shows that ho was qualified voter, and In view
Of tho further fact that tho return Of the re
spondents docs not aver that Mr.. Langley wa
| rejected because he was disqualified.
Mr.. Cook said that the return set forth thn
the commissioners, for the reasons set forth, an
for other reasons, had declined to receive M
Langley's name.
Judge wylie said the return did not, howeve
say why he was refused. Tho commissions
merely refused his name, without giving wi
| or o wherefore.
Mr.. Cook replied that tho commissioners sir
ply say that they had no evidence before the
that Mr.. Langley was quallfed-no eyiden
that would justify them-and because there W
! no such evidence his name was not on tho roll
Judge 0ln desired to know If, after Mr.. Ian
Icy had put In an affidavit and sworn that he "
qualified, the Commissioners, nevertheless, swo
Il
| Mr.. Cook said Mr.. Langley did not prese
that affidavit at the time of his application.
| was not until afterwards that tho afiidavit WI
| presented to the Commissioners.
Judge oliu said IL the Commissioners excuse
| their action on the ground that Mr.. Langley hn
not applied for registration when he should hay
done so, very we'll, but they must not set up th
plea that they had no evidence that he was qua
fled.
Mr.. Bradley said 1t was we'll known that NJ
Langley's name was refused solely for tho reasO
that he had not applied for registration in Il
Third ward.
Mr., Cook said Mr.. Langley had voluntarily r
mained away.
Judge wylie-"Then tho Commissioners d
not examine him as to his qualifications"
Judge 0lin said the court did not assume
control the registers in their action after th
had passed upon tho CIVILIZATIONS Of voter. ]
inferred that the reason why tho enrolment W
refused was because Mr.. Langley had remain
away from the Third ward polls,
Judge Wylie asked II n man forfeited his rig
to vote because he refused to bo registered on
certain day. Does it place him in the positi
Of those who have been in rebellion or have be
J guilty Of IN infamous orimei
J Mr.. Cook, in response, argued that no m
could take advantage OF his own laches nj
wrong. :,
Judge wylie said tho act of Congress prescrib
| certain isauali6cations. lie did not lnd 4
refusal to be registered to be one Of them, and
| wanted to know what right the registers had
ax an additional disqualification
VI Mr.. Cook contended that tho law allowed q
registers to fix the time when their labor shou
be completed, and that If any one Of his own yo
| Alan Insi n nriVila0a he ooull not coma into 4