The New York herald., 1868-10-30
THE REGISTRATION Law DISPUTE.

Owing TO the publication yesterday OF IN opinion
by Judge Davies on the same subject attention was
attracted TO the following BY Its seemingly contra
dictory tone. On inquiring late last night Judge
Davies stated that 'the following document, ad-
dressed the Superintendent Of Police was correct
that he had been requested TO sign It, and believed It
to be In perfect harmony with his opinion Of the
preceding day." The following ID the opinion re-
ferred to-
NEW YORK, Oct. %, 1868.
JOHN A. KENNEDY, ESQ.,, superintendent
DEAR SIR-we have examined the law as TO regis
try and elections, and have arrived at the following
Erst~we are Of the opinion that the inspectors Of
chat any person. % claiming H 70 i registered Sss
Is o legal voter In the district where he claims 10 be
and IL sessng to ss they
applicant and from other sources IT. either from an
examination OF person who presents to them 4
3; oR oS y are not 81 sssa Ss
the applicant IL the person to whom the certificate
rs any the dus o se
inspectors to refuse 10 register such person.
lS.cond-As the inspectors must be satisfied" Of
CLAIM to be registered apart from his oath or from
other evidence, does not In any way establish his
n @n sct Gr ey
dence satisfactory 70 their own minds.
Tht.d-we are OF opinion that the oath OF an ap-
plicant for registry b not conclusive as to his right
to be registered, and that consequently, n an
applicant offers to take and does take the legal
oaths the inspectors should stil refuse TO register
him II from evidence they are satisfied that he Is not
O legal voter within the election district.
Fourh-we are Of the opinion that no mandamus
can be legally issued 10 compel an Inspector to act
In particular manner Indicated by court or
Judge. Inspectors act judicay In passing upon the
is Issued the inspectors are entitled TO opportu-
nifty to consult counsel before taking any action
sssed Sy con and na On se the attention Of I
court being directed to the facts II VIII be recalled.
wrlts Of peremptory mandamus caunot lawfully be
Issued granted eIpdrte. II there Is alternative
writ In the first instance the party Is entitled to
notice or order TO show cause and TO be heard on
register ON such application IL would be appealable
and should be carried at once TO tho highest court
A writ Of peremptory mandsmus, granted without
notice and without an opportunity TO oppose It, Is
entirely void; the writ must be founded on proofs
and allegations Of fact made under oath, and then
tors tors snoud, therefore. when one is served apon
them continue TO perform their duties and send for
counsel to advise them. We should, however,
interrupt the proceedings OF the board can, II
issued, be legally served while the inspectors are
II any attempt Il made to break up the board or to
interrupt 10 Procssdings II 70 competent for the
wo 70 Ss n0as e o. three Of the in
interruptns, and the police are boand TO obey such
SVah-we are Of the opinion that no name can
be placed upon the regisrylunless three OF the in
apectors are present and ell three concur in placing
Sirlt--we are OF the opinion that no register who
in good faith observes the provisions OF the law can
incur any responsibility either civil or criminal,
evidence upon any application for registration.
Ssuentn-it u clear that registers must meet at
90 and October ST. and must adjourn At nine O'Clock
2. n. ON each day. They cannot sit beyond that
hour on either day. 8'fI IN
Your obedient servants,
t1e f HENRY u. DAVIES,
JOHN X. PORTER,
HENRY HILTON,
WILLIAM FULLERTON,
JAMES EMOTT.