Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-03-17
Georgetown Mayoralty Election Case.

CRAWFORD VS.. ADDISON.
In the Supreme Court of the United States,
yesterday the case of the United States ex rel.
X. r. Crawford, plaintiff in error VS.. Henry
Addison ct AL came up. The argument OF the
cause was continued by Mr. Joseph H. Brad
ley, ST., and Mr.. Wills, of counsel for the de-
PENDANTS in error, and concluded by Mr.. Car
hsle, OF counsel for the plaintiff in error.
AT the Georgetown municipal election in
February, 1859, K. II. Crawford, the then in
cumbent, was declared by the Judges OF election
TO have received ma jority of the votes cast.
and therefore took the oath of office before a
Justice Of the peace The city Councils of
Georgetown thought an error had been COM
mitted by the Judges Of election, and declared
Henry Addison Mayor, the latter taking the
oath before the Councils, and entering upon
the pos session of the office. Crawford there
upon, as relator, sued out writ ofquo ,odrrdnto
against Addison, and upon his return an issue
was sent TO be tried before a jury 10 ascertain
whether Addison had received q majority of
votes ut the election.
After an examination of witnesses and mr.
CATION of the poll the jury came into court with
sealed paper purporting to be a verdict that
at the election In question there was a tie vote
Ihe court refused to receive the paper as a YER
Dict Tor the reason that IL did not settle the is
sue to be tried The jury being sent back, found
verdict that Addison had not received ma
Jority of the votes cast Thereupon the court
gave judgment for costs 10 the relator, and of
custer from office against Addison. Addison
appealed from this judgment TO the Supreme
Court Of the United States and as a condition
demn1fy Crawford, II the appeal was not pros
ecuted, and thereupon obtained q supersedeas
to the courts judgment of custer. Addison did
not prosecute the appeal, but on the 18th of BE-
cember, 1859, the Councils of GEORGETOWN.
whose charter authorized them 10 elect the
Mayor when there was tie vote of the people.
procee ded to elect Mr.. Addison, who thereupon
was inaugurated ten months after the election
For the fear OF some informally In that choice
he was again elected in January, 1S6O, and
again indicted into office. The appeal not
Nrax ford vnv n,
an action on the indemnity bond above men.
TONED, and the Circuit Court refusing to rule
accordlng to Crawford's counsels Judgment of
the law, the new case went to the Supreme
Court on appeal, and was heard as above
stated.
Mr.. Carlisle argued that as Addison had
failed TO prosecute his suit, he was bon nd by
his bond 10 answer to Mr.. Crawford for all the
loss sustained by him in consequ ence of such
appeal. Had the appeal not been made Craw-
ford would have been Mayor OF Georgetown,
and enjoyed the salary. That salary, there
fore, made portion of the damages for which
the bond engaged that Crawford should be in
d. unified.
Messrs. Bradley and Wells contended that
after the judgment of custer by the court be-
low, Addison ceased to hold by a title adverse
to Crawford's claim, and afterwards was elect
ed as though he had been different man, and
was chosen by different electors, CONSEQUENT
ly, Crawford suffering nothing but that hold
ing was entitled TO no indemnity therefor; nor
could a suit for the salary of an officer be main
tanned upon a declaration alleging a breach
in the condition Of bond to prosecute an APP
peal.
Mr.. Carlisle, in reply, quoted q case from 22d
Howard, AS showing that the salary of which
an officer had been deprived by the unlawful
intervention Of another, might be recovered in
this way. The action of the Georgetown Coun-
Gil in electing Addison was nullity, for their
right TO elect only arose when the Judges of
election declared a tie; not whenever twelve
men suggested that such was the fact. Addi-
son then did hold the mayoralty by reason of
the supersedeas of the courts Judgment of
custer gotten upon a bond TO indemnify Craw-
ford, and he was bound TO make that indem-
nifty.
The case was held under Amusement