Evening star., 1867-05-18
LOCAL NEWS.
THE RE.OPENING OF THE REGISTRY
The OPinisn of the Court ON the Applica-
tioh for Mandamus on Judges of Eiec-
tfons-AH Voters to be r esistered.

This morning, in the Supreme Court Of the
District, u udges Olin, Fisner and Wylie, the
opinion Of the Court was ammo unced IN the
cases of Langley, Clayton, Turton and DIR.
Boy q, on petition for n mandamus on Bowen and
others, Judges of the Election, to compel them
70 register their names as qualified voters. L,
having been announced that the decisloa
Would be made this morning, there was quite
large number Of persons present. including
many personally interested and many mem !
Judge Olin delivered the opinion OF the
Court. After mentioning the facts as set forth
in the petition of Mr.. Langley, and the an !
swer thereto, the opinion proceeds as follows:
in the case OF Langley against the Judges OF
Election. The question raised by the petition
and answer OF the defendants is, mainly,
"What is the proper construction ofthe act OF
Congress creating these Judges OF Election,
and commanding them TO make q registry OF
the legal voters OF the District -
Some intimations were made on the argu-
ment Of this case that the Judges Of Election
having published a notice in the newspapers
Of this city that they would sit on certain day
mentioned In such notice to make q registra-
city, and that after having neId such session,
and the petitioner having notice Of such ses-
sion, and without any valid excuse for not
appearing before said Board, absented him :
self, that be is not entitled to be registered as
one Of the legal voters Of this city, although he,
afterwards, came before said Board when sit.
ting to make registry OF the voters of another
ward OF the city, and applied to be registered
An oath was rendered him as 1 infer from
the papers, not as to his qualifications as a
abstained from appearing before the Board
when pubic notice was given and brought
home TO his own persona al knowledge; that the
Board Of Registration was sitting in his own
ward TO listen to applications Of citizens who
might claim to be entitled to be registered as
legal voters; that on admitting under the oath
SO administered that he was aware OF the ses-
seg.rv me % sns 10, ard Of making
the Board refused TO further consider his
application, and declined to place his name
upon the list of voters. On the refusal OF the
Board thus to place bis name upon the list of
voters, application lie made to this Court for a
writ OF mandamus to compel the Board to
place him upon the registry OF voters.
These facts raise the question of the true
meaning ana construction of the act Of Con-
gress, relating to the qualification of voters IN
this District, and the powers and duties OF the
Judges OF Election appointed by this Court
in pursuance of the act OF February 5th, 1867.
BY an act OF Cong passed January Sth,
1867, it was provided "lhat each and every
male person except paupers and persons un-
der guardianship OF the age of 81 years and
upwards, who has not been convicted OF any
infamous crime or offense, and excepting per-
sons who may have voluntarily gwen aid
and comfort to the rebels in the late rebellion,
and who has resided in the said District for
the period Of one year and three months in the
ward or election precinct in which he shall
oner esal., 70 % vote next preceding any election
chiee, and shall be deemed an elector, and en- :
titled to vote in any election in said Distric ct
without any distinction OF color or race
BY an act OF Congress, approved February
5tb. 1867. 1t was among other things enacted
'that there shall be five Judges Of Election
within and for the City OF Washington. \ X
who shall hold their Offices for two
years. and until their successors shall be an
peinted and qualified, and whose duty it shall
be prior to each election to prepare list of
the persons qualified to vote in the several
said Judges shall be in open session in
the City OF Washington to recei We
evidence OF the qualifications of persons
claiming the right TO vote at any election
therein, and for correcting said lists on two
days, not exceeding five days, prior TO each
election for the choice OF city officers, giving
PRIOR nonee OF the time and place OF each ses-
sion In some newspaper" aaEasssb
Under the joint resolution OF Congress,
passed March 80, 1867. among other things II
was provided Thatit should be lawful for
anyrof the said Judges OF Election to admin.
lister oaths In all cases relating to the duties
assigned them by law, and any person will
fully guilty OF perjury should, on conviction
thereof, be subject to imprisonment for term
Of not less than one nor more than We years
/ have now quoted the substance Of all the
various acts Of Congress in relation to this
subject. 1t would seem to be q question of
little doubt or embarrassment as to what were
the duties Of these Judges Of Election, or
rather Judges Of the qualification of voters in
this District. 1t will be seen bv the language
OF the third section Of the act Of February s.
ls67,that the Supreme Court of this District
was empowered to appoint five Judges OF
Election for the city Of Washington, who, it
is declared, shall hold their Offices for two
years, and until their successors shall be ap.
pointed and qualified. and achose duty it shall
be prior to each election to prepare list of the
persons qudtfed TO rote in the sereral icdrds of
said ctties at any etect,on;- and that said Judges
shall be in open session in the city Of Wash.
fngton to receive evidence OF the uali cations
Of persons claiming the right to vote in any
election therein. and for correcting said lists
on two days, not exceeding FIVE days PRIOR
to each election for the choice Of city officers,
giving prior notice OF the time and place Of
each session in some newspaper
BY section 4th Of the same act IL is pro yided
that prior TO said election the said Judges in
the respective cities shall post up list of
voters thus prepared in one or more public
places in said cities at least ten days prior
thereto - ~! III EqAt = h-ll '
The plain meaning Of these provisions is that
aduty was imposed upon the Judges of Elec.
ton or the City OF Washington to prepare a Ist
Of all persons rhoml they beliered to be qualified
roters under the acts Of Congress before areeifed
acting from honest. motives, with reasonable
diligence. and to post that fist, thus prepared,
IN one or more public places in said city, at
leas ten days prior to the election. That, these
Judges were to hold a session on two DAYS, not
exceedin five days prior to the election, giyiuR
notice OF she time and place OF such session in;
some newspaper, st which session they were
TO receive eyIdence OF the Qualifications O of
persons claiming the right to vote in any cleo
tion therein, aEd for correcting said lists 40
made OF the voters OF the city. i,4si a5t 11' = ~
The mode adopted by these Judges Of Elec.
ton TO ascertain VINO were legal voters of the
District under the pro visions OF the act OF Con.
grees before quoted was probably yery
proper. prudent, and expeditions mooe OF
aseertaining who were the qualified voters of
the District, and yet the act is entirely silent
as tQ Inc means the Judges OF Election shall
employ TO ascertain who are the qualified
voters of the District The quessIehI ID
reduced simply TO this A plain duty,
is imposed upon these Judges TO maie q
list OF all persons they believe to be quail
ineo voters In the District. IL was thefr
auty TO record the name Of every man they
oeIeVeo to be ouaifhed voter, whether such
person made personal application to the Board,
or not; They were to discharge this duty
taitnfuify, honestly, diligently. to ascertain
ny the best means in their power who were
the auahted voters OF the District. 1t was
not tner duty simply to inquire who desired
10 pe registered As voter Of snch District 1t
was their duty 70 place upon the list each Aud
every person they honestly believed to be q
qualined voter, whether such person made or
omitted TO make application TO be registered
as voter or the DistrIcE After haRing per.
formed this duty, they were to post MP d list
OF all the voters ia said city in one or more
public places. and then subseqQentiy, to hold
at least two days session for the pnrpoee OF
nearing applications of ysterRto be placed on
this list thus made, or for the purPoss Of hear.
ing applications tofe1ect from the fist 20 made