The Montana post., 1868-10-02
(PUBLIC-No. 81
AN ACT relating to contested elections in the
city of Washington, District of Columbia

AN ACT relating to contested elections in the
city Of Washington, District of Columbia.
Be IL enacted by The Sea0tc aud House of Repre
seHtaioes ot the United States Of duVer5ca IN Con-
gress assembled That whenever any person has
received or shall hereafter receive a certificate
from the register of the city of Washington based
upon satisfactory evidence furnished by the com
missiouers Of election, notifying him of his cleo
ton TO any elective Office Of said city. the person
receiving such notification shall be entitled 10 enter
upon the discharge OF the duties of his Office aud
the certificate of the register shall be prma fAcie
evidence of his election to and right to discharge
the duties of said office.
SEC. ?. Aud be it further enacted, That any per
son who shall hinder or Obstruct person holding
the certificate of election mentioned ia the forego
ing section from entering upon discharginR the
duties of such Office, shall be deemed guilty of a
misdemeaDor, and upon conviction thereof 10 any
court of competent jurisdiction. shall be fined in
any sum not exceeding thousand dollars. or
be imprisoned in the county Jail not exceeding
months, or both said Punishments in the discretion
of the court.
SEC. J. And be II further enacted. That the
supreme court OF the District of Columbia or any
Judge thereof, shall have jurisdiction to enforce
by mandamus, or otherwise, the right of any per.
SON holding the certificate mentioned 10 the first
section of this act.
SEC. 4. ARd be h further enacted, That any
perscn who claims OF shall hereafter claim TO be
elected to any elective Office in said city, may
commence proceedings before the said supreme
setting forth the facts upon which be relies, and
shall serve a copy on the incumbent or person who
mas received toe certtncate OF election; and the
person served shall make answer To said petition
within FIVE days. and said court shall tbereupon
try the rights of the parties to said office in sum
mary manner; and for that purpose a special
session shall be called and held whenever neces-
ssry for the purposes of such ria and the decision
of said court in brouP ht before IL shall
be final and conclusive Aud when the legal
organization of the board of aldermen or board of
common council shall be delayed on account of
any contest in relation 20 the election of any mem
ber of either of said boards. the mayor of said
city is hereby authorized TO make temporary ap-
pointments of all subordinate officers whose
appointment or election is authorized by the said
AyOr and members of said bos.rds under existing
laws TO continue until said boErds shall be legally
organized. SCHUYLER COLFAX,
Speaker OF the House Of Representatives.
Il. Y. WADE
President of the Senate ytO hnpoTe
Endorsed by the President: Received June
10th, 1868"
Note by the Department of State-The
foregoing act having been presented TO the Presi-
dent of the United States for Iis approval and not
having been returned by him to- the house of
Congress in which it originated within the time
prescribed by the Constitution of the United States
has become law without his approval