The national Republican., 1867-05-20
Lnoniinn.d from EYrst Pnn..l j

After the list for this ward had been oompieteo
and published, and posted in hsndbills, as 70
quired by law, and after all the intermediate
wards had been disposed Of In the same manner
till the whole work was completed, except tha
Of the Seventh and last ward, the rslator thsi
presented himself TO thu judges and demends,
to have the list Of the third ward opened and hi
name registered. This request was refused b,
the judges; and the relator thereupon applied h
this court for q S,andaBH, to compel the judge
to comply with his demand. The court granted
4 rule on the defendants 70 show cause why that
mdHdaViHs should not be Issued as prayed and
they have presented their answer, which states,
in substance, the facts above set forth, and also
. great many other cireumstanoe', which 1 make
no account Of as being wholly unessentih. The
law prsscribes no time within which the several
lists ere to be completed, except only that they
shall all have been made out and Published Al
loast ten days prior to tho election. The list Of
the Third ward might have been kept open up IA
the last day, and then published along with
those Of all the other wards; but this was mat.
ter which the law left to the discretion Of the
judges; and they closed the list and had u pub.
lished on or about the 80th Of April, more thar
a month before the day Of the next clection.
They pursued the same course n TO each Of the
other wards, a the lists were ssvsrally oomplstsd
in their order
1t is not pretended by the relator that abun
dant opportunity was not offered him 10 have hi
name entered upon tho list Of voters Of his WARD
prior to tho completion and publication Of thai
refused to open the list after its completion and
publication, and at q time when they we're an
engaged in making out tho list Of votsrs In The
Seventh ward. II ptdndanus were 10 be
issued in this case 1t would bo impossible for the
judges to close or publish any list till the very
last moment allowed by law for that purpose, for
there might be other applications Of the sams
character made every day, and in each one Of thu
wards, so that in this way every list would hav,
to be kept open, or closed and again opened
every time any one should require his name L
bo registered. But the law allows the judges tC
close the list at any time they may deem 10 com.
plete, except that this must be done at least ten
days before the election.
For the purpose Of afording an opportunity for
correcting errors In the prepared lists, the Law
requires judges to hold an open session Of two
days, not more than FIVE days prior to zach cleo.
tion, Of which notice is to be given by public
advertisement. The ensuing election will not
be held till the Sd day Of June next, therefore
the time prescribed by the law for correcting the
errors Of the lists has not yet arrived. We are
not permitted to presume bad faith or abuse oi
their powers on the part Of tho judges Ger.
tainly no mGHddmUJ can be allowed In anticipA.
tion Of such conduct on their part. Judicially
we have no knowledge that any persons qualified
as voters have been omitted from the list except
made similar applications. The two days will
be ample opportunity to those persons to apply
and have their names registered II they be duly
qualified voters. II Is said, however, that there
l. a very large number Of other persons in the
same situation, whose cases have not been pre-.
sonted to the court, and that the two days may
no: prove sufficient for the correction Of the lists
If that should turn out to be the case, II will bs
4 misfortune to those who desire to have their
names on tho lists. and It may be unfortunate for
the public interests. But that Is an evil which
may never happen, and II 1t should the fault Of
the law or the neglect Of the sufferers in refusing
to avail themselves Of their opportunity cannot
be cured by mandamus at this time
1t Is further represented that those judges may
refuse the register to names Of persons qualified
to vote who had wilfully or purposely neglected
to have their names registered when the frst op-
portunity was afforded them in several wards.
We cannot now act upon any such anticipated
refusal Of the judges to perform their duty. Tho
fair and reasonable construction Of this provision
Of the law cannot be mistaken by any unbiased
or well-disposed mind. II the party applying at
that time be otherwise qualified, the judges will
have no right to say he shall not have his name
registered becau'e Of his previous refusal. His
having declared formerly that he would not have
his name placed upon the list is not forfeiture
ot his franchise by any voter. The qualih cations
Of the voters are prescribed by the Law, and the
disqualihcations are also plainly declared and
the judges have no right, at their pleasure, or
for any reason whatever, however satisfactory II
may seem to them, to add to or dstract one lot or
little from the law
Should any qualified voter be refused the right
to have his name placed upon the list Of voters,
on either of the two days, on any such grounds
as this 1t will then be time enough for him to
apply for n BiandamHJ. Or IL he should not
choose to seek redress in that way or tho time be
too short to furnish the opportunity or the court
not be session, he may have another remedy in
an action for damages. In Ashby VS.. White, 2
Id Raymond r., 95S, Chief Justice Holt said:
Let all people come in and vote fairly; It is to
support one or the other party to deny any mans
vote By my consent, II such an action comes
to be tried before me, will direct the iury to
make him pay we'll for it."
In making this quotation beg to disayow any
intention to adopt the threat which 1t contains
as applicable to those respondents, but / have
used It for the purpose of intimating to them the
serious responsibilities they arc under In the per-
tormance Of the duties Of their Office.
entertain not a particle Of doubt that they
laVe heretofore aimed honestly to discharge ali
ne obligations imposed upon them by the law,
ind that they will continue TO do so to the end;
md upon the two days appointed by law for the
correction Of the lists of voters in the several
Yards every duly qualified voter who shall apply
20 have his name registered shall have his request
complied vita and that they will not undertake |
o inquire what he may have formerly said about
lis Intentions In that respect 1t Is not their
oncern what he may have said, but only to in
uire whether he possesses the qualifications pre-
cri6ed by the act of Congress.
These principles are, with immaterial varia-
IONS, applicable to all other applisations for
i""aamWS now before US, none Of which can be
ranted ASDRKw WYE
JUDGE rIsHER's OPINION.
Judge Fisher did not prepare q written opinion,
s Judges Olin and Wylie did, but stated that he
incurred in all tho views expressed by Justice
lin except with regard to the character of the
rime Of which DR.. Boyd had been convicted,
nd the effect of pardon upon one convicted Of
nat was acknowledged to be au Infamous offence
lhr US constituting hiuI "a issal .Sts. VI tL.is
district was concerned. He did not look upon
ny offence as infamous that was not NAHUM IN
"a crime regarded as infamous by the en-.
ghtened reason Of humanity.
Had DR.. Boyd been convicted Of such q crime.
did not believe that the pardon of the President
ould even have the effect to render him legal
otter in this District He was aware that par.
on had the effect to relieve party who had
cen convicted by judgment Of court In n crimi.
al case OF the penalty that should be imposed
the law governing the case, but this act was
OF criminal statute. The right to say whether
nybody or nobody should vote in this District
as solely vested in the National Legislature
The statute referred to was 10 be viewed in the
Imo light as were the constitutions Of the dif
rent States. Most Of the State constitutions
|. indeed, not all, prescribes the qualifications
voters.
For the reasons he had stated he thought the
ime OF Dr. Boyd should be placed upon the