Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-11-13
THE COURTS.
The FIFTB WARD INJECTION cAsps

terday, alter eur report Of the argu ment in the
Fifth Ward election cases closed bAeore the
Court in General Term, Mr. Merrick con-
iihuea cay ing tni.i he did no. know whether
ihesc laws ne cited bad been passed espe .IaIly
LOT the occasion or not but il would appear so.
Ihey made the Registrars eertific ate ,,riaa f1eie
evidence OF the election of a party, when, un-
DER pre-eXIsung law, it was no evidence a, all.
lie cerllhcate does not constitute the right,
nor does It vest the right in any party-it is
SIMPLY an evidence of the right. He arg ued
that at thls stage OF the proceedings he wds not
bound 10 consider whether there were num-
Der OF soldiers irreguiarly registered or not in
the Fifth Ward. He had only to consider the
returns Of the Judges of election. By law they
mad three days in which to revise the list OF re-
sistered voters, and he supposed that II any
had been irregularly registered they would un-
douotedly have been stricken from the roll.
Mr.. Cook asked to cite a few additional
cases: Perkins agt. Potts, IS La. Reports, 27th
Legal Inteliigencer, $50 and others.
MT DaSidge, for the respondent, said it was
only necessary that the answer snould state
such facts as give rise to the legal subject in
controversy. The very words ssummary pro-
oeedings," used in the act, dispenses with many
OF the forms of pleadings used 10 cases consid-
cred in regular course. In tschnic Al plea iiag,
the material fact itself, was all that was
CURED 10 be set forth. All the material facts
were PLACID on the record by the petitioner
There was ample certainty for the petitioner to
admit OF the respondents Joining issue on each
allegation, as he had done. The object of the
law was 10 furnish a facie, summary, ana easy
method of deciding contested elections in this
District, In all cases where a law was to be
construed, the object OF law was to be consd-
cred, and the remedy therefor applied. The
object of Congress WAS to remedy the dead
lock" which had occurred In the municipal
government by arming this court with the
power TO settle election contests in faclle an
speedy manner. This was an election contest;
party claiming majority of votes contests
the Office Of one who, by his pleading, admits
that he is the incumbent, and is met by mo-
ton TO dismiss his petition on the ground that
II n is
ment, and then cCntestits validity. Surely the
Court, in considering the case in "a summary
manner" would not require it.
TO DAY.
This morning the argument was resum ID.
Mr. Riddle, for the respondents, having the
conclusion. He SAID the respondents did not
seek 10 avoid entering into this case. but they
deemed IL Important that the practice should
be determined on, and that the petitioner and
answer should present TO the Court such facts
rs 10 give full understanding of the case. The
petition does not set forth the facts In the case
as fully as, in his opinion, the law required.
Ibe petition should make case, but this paper
was indefinite. The Court could 60 back TO
the return himself. Ii was not the thing of
papers or returns, and the Court could go be-
hind; and on that the elective franchise has
been used according to the intent of the law
and the interest of the public, and the Court
conld pronounce the election in question a
Dulllty. He read from the last act OF Congress,
and asked what did Congress mean by
saying that the parties contestng seats should
set forth the facts. Congress meant that they
should conform TO the rulings Of Congress in
contested cases. The presumption of the la
was that the officers did their duty. as also the
Register, who issued the certificate, and II was
for the petitioner to show Otherwise. A legal
issue must be preferred, and ii rs not enough
10 say that one has been elected and the other
not. The number of votes cast must be sea
FORTH as also the maoriiies. He commended
mat the registration prior TO the election was
not legal one. and that this petition was not
sufficient.
After consultation, Judge Cartier announced
that the court had come 10 the conclusion to
oyerTUle the motion 10 quash the petition of
Mr.. Mead. He said that 1t would have been
better II the petitioner mad stated the number OF
votes gwen, he number of electors &C.; but IL
presents an issue-an intelligent issue-and the
court would hear the case. The assertion IN
the petition that majority of the votes were
cast Tor petitioner IL fact in Itself constitution.
an aggregate OF facts. A detail of facts would
De preferable, but they were compelled to
regard those presented a. sufficient. While the
pleadInes may not be according TO the $ riCt
rule Of common law. the proc-eaipG
was by petItiCn and ans wer implying
MT. Riddle said tie p'l toner's had not yet
dtciared IN what manner tley intended To pro-
coed.
Judge Carter remarked that they intended
10 proceed ia the summary manner contem-
plated ny the law. An end mus; b. put To this
discussion, ~ bich Gisgr raced the Capitol Of The
country during the past summer, and directed
MI. DaNidge :, proceed.
After some discussion as to ths manner in
Which they would proceed, during watch
placing ore value on techuictiItIes than you
VIII fnd profitable" the counsel tor peti,Ioner
eNhl bi'ed the minutes Of the Cont u shog
tho were the COmInis siolsrs OF Election an
the Fifth Ward.
E.csdrd Hatrca swoTn.-WitneSs wa MAYOR
oi the cI'y, anG "a such received tle returns vi
he ELECTION, (which be iieutlfiedl aud pub
liShed The names 81 tb )se elected
Gross -examined:-COuId rot -ay from wIqt
paTLouIir Commissioner h. r-csiy-d the
Nuns; generally two or thIre came IN together.
He-,XamIUsd There were iiV. precincts in
n" ward ~ thu lat election IL. additional one
having teeu established ~ the request " he
j dges OF REEIsuaiiOu.
Mr. Dav,tg, offered the &c -st3bit shiBy Eve
election pTeCint in evIdruce, aud read lie s-t-
hon TtterrGg To ;he Filth Ward a. also tie
act of May 2ls:.
Witness resumed.-Lists OF voters were
posed about town. Witness thinks lists ofrA
voters wsre furnished TO the Registrars.
TEE ToToDAC ERoNT-Continuad hard
winds curtril the number OF arrivals az the
port OF Washington, as well as laid bare pDr-
lions of the bottom Ot the Potomac rarely ever
discernIDle before. The City OF Washington,
one OF the magnificent boats which compose
h" line of steamers between Washington and
Alexandria, which lett for Baltimore Oh sun
day night last ~ receive her new IRON Wiurrr
SUR, has arrived and taken her passage GA the
route, beIsg fine trim, and prepared 10 bale
The storms and freezes OF the winter season. Ga
sunday night next, her consUrL, the City OF
Alexandria, will 90 to BIltimUre for the same
purpose. Al which time CapJ sam del Cadnsy
he eficient Superin teDdent OF tue Poturnic
Ferry Company, will take passage On board %
perfect aJran gemeI.s VT r.by every prOotbili-
y OF interruption OF regular trips Dst Weeu the
two points on account OF the sew .rIty OF the
weather. during the winter season will M pro.
Sidef against The steamer Wawas- I. FtWk..
left Potomac Ferry Wharf al six O'Clock TINS
morning for Cone rive and Intern adiate land
ings, with heavy freight and a large number of
passengers, including party of gsntieuen
armed ana equipped for q birding ex peditlor
Other matters along .'the front" are meagre, IS
Tn. suhioiDed report will show:
BrOrs's .-Sailed-Schooners Mtth rs
Dunnock. DunBock. and J. l.. Harmed, Tor
Havre de Grace, light
Fan -Saiied-Schrs. James Gorharn,
for Al"Naudria. 10 load coal; Mary Ann, "A.
nett, FOR the lower Potomac, light.
cdstsT's Uha5.- SaiIed-SchOoner Florence,
saunders, for Havre de q race, light
Firys observation-disclosures CornelIa,
MekIu, tor Cone river; Nathan Tyler, Price, tOr
FavTe- de-Grace, light: stephen A. Douglas,
Lewis. for Hunting creek, light.
~
POLICEMAN SHOT AT.-A few mi II utss oeiJr
ten o'clock last night, officer Sdiunsr, of the
Second Ward, obseTviu party Of disordrriy
colCTed men, consisting of Pink Jackson, Bal
Moody, Dick Smith aud John Parker, on he
corner of 18th and T. streets, who wers IN.
dulging IN very profane and obscene language,
undertook 10 take them in custody, but all es-
mi yyhn NJ