The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-10-10
i IMPORTANT! A
The Illegal Tipstave Natu'
ralizations.
Judge Agnew Endorses Judge
Reads Letter.

BEAVER, Oct. 8, lS6S.-My Dear Colone:-The
uncommon character of the recent proceedings
n tn1 e as MS a. 10 ior ine
as q member Of the bench, to address you
However they may be deemed Justified by some
portions of the public, on account of the ends
they serve, or by the practice said 10 exist IN
some Courts, the proceedings wnica have taken
place under your official o2nizsnce as the Pro-
ibonoiary oil the Court, are, In my judgment,
without the sanction Of law or propriety, and
In the % outset. sgp must IM ssy that nv entire
confidence in your integrity warrants
the belief that you are not consciously party
your character as a man. 1t does not abate the
reprobation with which large body Of the
orderly ractices to which you have given
your official sanction. nor remove the un.
i feel this as one Of ITS members. and regret 1t
stall more, because am unable to discover any
In which 9r syen OF ns
Court In Banc Is not In session. and cannot
meet until the 10th inst. at Pittsourg. while the
Bench OF the Nisi Prius has been occupied by
those previously assigned to hold its periods In
September and October
The naturalization of aliens is q judicial act, In
which the Court must he satisne on proper
evidence. Of the residence of the applicant in
periods of time: that he is a free white person.
and has behaved himself as a man of good
moral oral character, attached to the ; prin;
States, and well disposed to the good order
and happiness of the same. Now, In view Of the
manner in wnicn you have suffered your sub
ordinates and the tipstaves of the Court To rush
the papers through in more than maelstrOm
current, how Is 1t possible that single requt.
site of the law could be complied within In
twelve judicial days. from the 2lst OF Septem-
ber TO The 3D. of October, inclusive, you have
permitted to be run through 5458 sets Of papers,
averaging only 80 SECONDS on each set. On
DAYS ,h the & y iess rns %Hos
seconds to q set. These figures are taken from
your own statement furnished to orother
Read. The whole number of ADMINISTRATIONS,
according to that statement, was 6JlS, from
September Ia to October 3. Now neither
you nor your clerks and the tipstaves could in
this time open the papers, g 4ther the contents,
and administer the oath first to the witness
ascertain the class TO which applicant belongs
voucher. make him comprehend the true ma
his former allegiance. and the adoption
OF The new one he is about to assume anu carry
proper way. 1t Is clear you could not, in the
short time allotted to each case. determine the
sbip even II II The power belonged to Won: aud it
is still more clear that you could not aud did
not communicate each case to the Court for Its
approval. In short, the whole proceeding was
untntelligible, informal, disordery, and illegal,
and is damaging the reputation OF the Court.
collect your own ices, and must have done the
business for nothing, unless you have some out
side guarantee to fall back upon. This mode OF
proceeding is not even sanctioned by the ire
Rular practice which ts said TO have existed In
scme courts-a custom TO permit the clerk or
zation in the presence of the Court, in an Ordi-
| nary way, where occasional applications only
occur. and where time Is taken by the officer to
| examine the papers, read them TO the parties
deliberately, see that they are all regular, and
| that all the requisites Of the law have been
| properly observed. Such custom, un VAR
| ranled as IL is In my judgment, to delegate this
! important function OF the Court to clerks and
tlpstaves. cannot justify this pell' nell speed.
| this absence of all thought and examination,
| and this disorderly haste with which you have
| suffered your subOrdipates to drive the papers
through the court. How is IL possible that from
| five, end even seven hundred persons, and as
many more as their witnesses, making 1000 to
| l4e0 persons, can be examined in one day OF five
| hours. and their cases intelligenty disposed OF?
| 1t is not possible. How can frauds be guarded
| against In such q proceeding? Who can iden-
tify either parties or witnesses, unless II might
| be the common voucher who swears by
| the thirties and forties? What Is there
| to prevent one in as many days
| representing q dozen sets of papers7 II the
suing judge thought the practice, as he has
| known IL TO exist, warranted delegation of n S
| rover of determination, yet 10 did not justify
| you your deputies In the abuse of the dele
| gated authority. i am com PEELED, therefore. In
| my own Justification, lest IL should be sup.
| posed that the bench at large sanctions your
acts, % express my dissatisfaction, and in order
| that such practice may not seem to bs sane.
| toned by the highest Court in the State, aud
| thus become q precedent for the general
| guidance of judges in the inferior courts.
| am truly yours, etc,
DANIEL AGNEw.
Col. JAS Ross SNowDEN
Prothonotsry Supreme Court. Phils
p. ST. have sent a copy OF this letter to my
| Brother Reed who con curs with me In diSan.