New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1868-10-30
TIE REGLSTRATION Law.

|
THE FOLLOWING Is THE CORRESPONDENCE ~.
| TWEEN THE DISTRICT ATTORNEY AND TIA
HON. HENRY K. DAVIES, Ex-JUDGE or Tns,
| COURT OFsAPrEALs. '-f'-s'-f - q. 80
fI1 AsP e Ssl9er o 9 StshS
pDa nA the o oowyx question Vp pss, See.
the opinion it is here on5tedo pyrer, as lave been
% dsSs SS sassf
from politics and s%sc Gain ju s,nfnt esge not 70 be
I SSr fss@ss sSTys s. oANfr hf
H5 A. SKY i psar ST. Your hoe q g 'es 10
day requests my opinion upon the following question
If naiurazed citizen who claims before Board Of
@% les AID ss Of Laws Of sss praees so.
said Board certificate OF naturalization from court Of
ton Of he BOARD thar he Identical peso, named
I'm said certificate wba such ease WIN be the legal
effect upon said Board Of said certificate and what gal
rights do such production and proof confer upon said
upon The registry, assuming aIsc THAT all other legal
rights to said inscription exist -. a.. 80, -
Before proceeding 10 the c0nsderateno tbe question,
needfu TO refer 10 the existing provisions OF The acts
section l. OF tho Act OF 1885, declares that the Board,
after it, organization, shall then proceed 70 make net
detection IN The election di4trcs Of which they are Inspee'
section inc same act also declares that amy person
not bern IN tho united states on Applying 2 have hls
placed on the etrg shall prove a ss ne
NATURALIZATION from aCoqrf Of competent inrisdetaon
a an s ses SHOW S RsS
Regsry that he IL unable to produce such certhcate
The Of 1866 is Aaendatory and supplementary %
ssco THIS nat no RstsSSR % sh 81 Que %
Sf6e Inspectors BY lnea voter q the city S S,fhts
saax ta1 pt s5Ss5GS 70 dsrsli
be al the time qualified voter Of such escon aisaGe
! nor sss 9e R fsSS e az pFrs
Inspectors exceptth case OF WIN seo'Vn
70 person bern ost states shan be placed
on ssa TsgseE t sfis s hsvs been du
ed .nalf mis- as ,g u .ns
0f "a, Ise 9et ID @ on applying to ssc lis name
pIaeed on the Registry shall prove That he is citizen Of
The gnsd states ~ y, erdeDn Nor shs
any other proof Of his beos eissen 30 received. upie
he shall nrst shoy I? The sstiiactIon 10y me BOARD
Whin TIE question y raised upon the naturalization a
persoD proof shall be made 70 the sifslacsi3e Oh us
ssRmn q ~ s sSed on e register Is the Identical per
nalned IN the eetleae ne ,a m ete
aad All BT1SsH The sI hsss a appei ~
person before the Inspectors aud prove 20 tnear sat-
sacOn his right u vote AZ the next elestleD. an 'Se
election district IL WHICH o Es d.S' Inc W" % m
Fra If three pnspectors hare l-son"i s''o"sd%
that the applicant has been duly Iatur,zel " tDelr
clear bId Imperative dlly to Tegissr ns y nf W.
Second: II they have iiot knowledge then the
right tina applicant to DO Registered 10 TO b. .s'She
T. BY the proacioS 81 certeate Of naturalization,
issued applicant by aeort Of competent Jefis"
tIou and all Of record are such courts -, . o.,
he unable to produce such csraGate &C.. tss aah ~
Board are 10 be SATISFIED by other po taa n uisi.r,
the applicant should be taken as p.%s IG ,nt1ei b,
evidence! tnat the apIieant a.s ooe nu' nay -
Third The production OF herreord Of the court, Deg an
ssrsSt sHSsr ,ss ss "A s SSaf.
elusive evidence 0f the facts tereii stated ana so Goa
elusive evidence shtt "a a. SSe % complies
with This adudgcd by the Court or Appeals IN tes
STATE In of Mecautry agt Marsh seion 1e:
and bi stark ag CAesa peake ms %. Sl.YSi, st'
Richie Putnam, 10 wend, S4l spratt agt' sI"'
fo,S&. Is follows that where tho applicant produces
the RECORD u tho COURT sStaDg l sd SiF Tor
the Bbard make, and upon which they are 10 oe sa''
FN il the record produced the actual record issued
70 the applicant by Court OF competent Jurisucoh'
Secod Is the applicant the real person described in
the record eericate and upon whose SAt 90 eiu-'
these facts are established the satisfaction of the
tors they have lsg right TO retIso to register
the name Of The applicant. assuming he has the otner
tegaisite qualifications, ,. ,, ,noo..sorv a., IA.
cide all questions. -.-, .- q tr hENkt L. DANks'
| r1 TmE ofISIoSs or rTE JUDGES.
Attention Is called the following opinion, sisnedby
Henry f. Davies, late ChefJu,tee OF the Court Of Ap
peas John K. Porter late Judge Of the Court OF Az
rea Henry Hilton, late Judge OF the Court Of COMMON
Pleas and william Fullerton and James Emott. late
! justices Of the Supreme Court
JoHS A. KENNEDY. ESQ, Superintendent
DEAR SIR: We have examined the law - TO registry
and elections and arrived at the following concu-
sions:
first We are OF opinion that the Inspectorso Regis.
Try. commonly called the Registers must pe " sHsned
that yerson claiming TO he regsiried's cea N"yt W
the district where lie claims to be registered and ln
Ia satisfy Themselves they may gafhor ideuce
from the statements OF the applicant. ana roh other
sourcs IT, either from an examination Of person who
presents to them paper puIpfts 10 ~ & m "a
naturalization, or from other evidence they are not saO
He'd that the applicant T. the person whom The eertn-
Was ssued not satisfied that be is entitled 70
ia pussessou any u the duty Ot the In
tpectoTs 10 refuse 70 register such person
Second As the Inspectors must be Satisfied OF he
ryhf of Ia hlS
be So registered apart his oath other eyF
in receiving rejecting act quasi udciaiy ard
must fairly upon es'aeace saiiyaeo'y 70 her oS"
Ihifd We are OF the opinion that the oath OF appli
CAM 4 n registry ia not cone usive his right be
registered and that consequently, even u an applicant
offers take aud does take the Legal oaus the insp,c
hey are satisfied that he 10 nos tegni ror within the
gs,lrIh: We are Of the opinion that no pdnddmus
be IsIly issued peidn Inspector 10 net IN pfct
| lar Dtdnltr iudrutrd Ge C0uf Judge Inspections
ac udcially In passing upon the right OF ersons 10 bo
recg.tered AMI 10 vote Zone Is issued the Inspectors
ara entitled opportunity 10 consult counsi eoN
taking any action as &c Is "a DE psun"n a. M st'n
tiun OF the Court being directed 10 te 1ct- WI =.
called. writs OF reremptory mandamus cannot mwiuy
be issued or granted pac. there n no alternative
writ Ia the first instance, the party j. entitled 10 y
order TO show cause. aud ~ be heird on su'h
| and should be carried at once TO The llghe.,
/ notice and without an Opportunity 10 oppose H. IS en-
tlrey void must bs founded en proofs anu aii
and dslroycd under oath INSPECTORS should, h,rtt't
rhsi, serrsd Them, eOfisHe 10 perform mfT
irrr1,pt he proceeigs or he Board u ISSUED % q
yor1uce of hetr dates. uitl uat attempt - b,,s
10 ortak ~ ne Boqd or 10 ,ar"Pt ts Prooed..{',
tie hsciors 10 order the police 10 asfss me person 50 !"
eaeg a,d ne police are acand % otsy 'eG YS ICED