Evening star., 1867-05-13
LOCAL NEWS.
AMuszMzNrss &C., ro.sraHr,


AMUsEM4NTss &C., ro.NIeHr,>
MIKE LIPMAN's CIRous, sixth <strest. near
the eavenue.-Eyerybody goes to the circus, so
we need only say that Mike Lipman's great
snow snow opens TINS evening. It is said ts be IN
many particulars the best combin at,on-of
circus and trained auimals--in the country
ODD FELLOWS HALL.-The Southern relief
should go.
CARROLL HALL, G. street. between 9th and
.o.n-Last night of the fair for the benefit Of
-ers. now open =
WAsHINaToN CIry yGARpEN.-Fifteen grand
may FESTIVAL of the Washington S8ngerbu ad
AFALosTAN IsLAND-CiSand opening to-
<oay.-The Young johnson Club picnic, afier-
noon and evening. -
JHUssMAN's GAKDEs.--Dancing this after.
noon and evening. = =
The MANDAMUs ON THE JUDGES OF THE
ELEoTIoN.- This morning in the Supreme
S0dra snd wnI IN deherai Term IJudges Olin, Fisher
writ OF mandamus on the Judges of the Eiec.
1on 10 compel them to register the name OF
'1e2Ige Langley was taken up Messrs. j
H Bradley, Sr., r. T. Merrick and " y Fan.
can appearing for petitioner, and Messrs. W
AaOoox and A q. Riddle TOR the respen-
MI Merrick had previously asked a most.
Rohsment or the hearing until to- morrow, but
tne Court seemed disInclined to accede to the
Ie4uest ana the case was taken up
Mr. Fendal read the petition Of Mr.. Lang
ley, as aise an afidavit Of MIR James w. Bar.
ker corroborating the facts. ~
mr. Cook read the answer of the respon.
dents, admitting that they were appointed,
and mad organized and entered on their duties,
setting forth that at cer.ain times they held
sessions; that in each ward, where they had
reason to believe that all had not registered,
they mad extended the time as in the First,
Second, Fourth, and Seventh Wards; that due
nouee was given as TO the time they would
mold their sessions by advertisement in the
t, oh,oH .cte, STAR, and InteHtgencsr: that when
ihey We're in session in the Third Ward said
Langley did not present himself; that he pre-.
sented himself after the registry had been
completed that they have not placed his name
on the list that they cannot admit that he is
quaAned, and has not given aid to the rebels,
&c that by law they are required to sit two
Gays for correction, which they would do, but
not for the purpose of entering names, &c;
and in conclusion ask that the application be
dismissed. .a..s
Mr.. Cook also read the affidavit of p. F.
Bacon, one OF the judges, in corroboration of
the facts. -. To-
Mr., Bradley suggested that the three cases
couid be considered together-Langley's Clay
Mr.. Cook stated that the answer to the pe-
uion OF Clayton was different from the others
as it fecited that he refused to take an oath 10
make true answers, &c.
Mr. Bradley opened the case for the pc.
utoner, stating that the case arose under the
aGt OF February 5th, 1867, and read The act, as
also the amendatory act Of March Both The
questions to be considered are: Who are II be
placed on the lists I! How far have the Judges.
q
with the laws |! And whether the CourI has
jurisdiction to compel the judges to comply
with the law il 1t has not been complied with!
Before the act OF January 5, 1857, under the
5th section OF the charter of the city, an elec.
tor was required TO pay the school tax and 10
be a free white male but under the recent
laws every man may vote. The Judges had
at least one record to make the registry from.
Their duty was not TO record the names OF
all persons who should apply, but to ascertain
who had the Qualifica catiens They must dis.
reasonably he Skad
they could deprive him of the right to vote if
ne did not comply with their will. He called
attention to the fact that there were no sessions
held In the Third Ward. They assumed that
they had the power beyond the control of the
court to SIT as iang as they saw proper. and
refuse TO register any one who did net present
himself in the times they specified
Mr. Bradley quoted number Of authorities,
and proceeded 10 discuss the question as TO
whether the mandamus would lie. He main
tained 1t to be an insufficient return, and
moved mandamus issue. He read from the
Imssu,genesr Of June l. 1s5i, the report of the
case OF y. 5. Wallach for a mandamus to have
ms name placed on the poll hist. hich had
been omitted, in which 1t was held that the
petitioner was not at fault, and that il was the
duty of the assessors to find out the voters and
place them on the lists. He conteuded that
the cases were somewhat similar.
Mr.. Cook, for the respondents, commenced
his argument, in the outset discus ssing the
question whether the court has power in the
case: IL may oe tnas Congress has the power
not be inteFfered with by the court.
Judge Wyle asked if, under the act party
whose vote was refused could not sue the
judges for damages
Mr.. Cook answered that they could not sue
the Judges Of registry, but the receivers OF
votes.
Judge Olin remarked tha, the law is ex-
plicit in saying that no man can vote whose
name is not on the hist
Mr.. Cook continued, saying that the law is
so worded as TO give the Court no power in
the premises. He argu ued that the Judges had
exclusive power, and that if the Court grant
lntin n NO ripr rhar a1a-o r'S 10
70 be placed on the list unless it was satisfied
that he possessed the qualifications in the act
He further argued that it has been decided
that the mandamus did not apply to officers OF
the government, OF whom discretion and iudg-
ment is required TO be exercised, and cited a
number OF cases.
Mr.. Cook spoke of the duties of the Judges
contending that in law il was left TO the sourd
discretion OF judges as to the mode and manner
of preparing list of q qualified voters referring
to the fairness of the judges In admitting chal
lengers to the sessions. To grant this prayer
his right must be certain and clear. and the
nandamus should not issue until he shows his
right.
DEATH OF JUDGE DAY.-A dispatch received
in this city yesterday from a member or Mr.
Days family, dated at ST. Louis, brin gs intel.
ligenee that Mr. Day died while on his way to
his former home in St. Anthony, Minnesota
Mr.. Days health has been failing for mum.
ber OF months, and his condition was regarded
as hopeless preyioas to his departure tor Min.
nesota: but in the hope THAI change OF eli
mate might save his life, his family, In defer.
ence TO his wishes, left this city with HIM or
Tuesday evening, April 80, en- their way &c
st Anthony, although it was believed by
many of his II ends here that he woald MOI
reach Minnesota alive.
THE CIRCCsIH TowN.-The grand eavalcads
OF the performers OF Mike Lipman's famou:
combined eircas and exhibition Of trained am
mails created a sensation on the avenue to. day
The cavaliers and ladies mounted on hns
horses, the performing annals, and the clowa
with his diminutiye mule team were all OBJ
jects of attraction to the children no th ron get
the streets. We venture to predict a crowded
tent at the opening exhibition this evening
The canvas will be pitched at the old place
Sixth street, near the avenue.
THE FISH HWHARF.-Yesterday,a about li5, ,00t
herring and 5000 shad were landed al the fist
wharf, and all day long the trade was active
The ruling prices were S5 TO 81 per Thousand
for herring, and Sl1 20 SIS for shad. Durins
part of the day some lots Of herring were
sold as low as "a. The fishermen are now In
good spirits, and it is expected that the season
Will last for two or three weeks yet.