The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-05-30
HatiuuaI Republican.



the justices sat IN bane, yesterday;
NsbIe's heirs vs.. Kings heirs. Application
Tor iojunetion 20 restrain setiea o. s1se,msns
The case wa. further argued By Ms.,rs. Nc.
Judge Cartier delivered the following opin.
The court without elaboration are Of the
low was right. A white woman in her degra.
dalton made her domieil with q negro, and
suffered the penalty Of her offence against the
families and become an outcsst from her PEG.
pie, She and the negro obtained title to eight
or ten lots, costing perhaps half Thousand
OF the purchase money, some Of the funds for
this purpose being obtained from her parental
inheritance. under these eircumstances the
title TO the lots In question were vested In
King, her companion, with her assent, and In.
deed under her express wish, for II 10 In proof
Sd S.s
ration csrtines not only that she WAS not In
different to its dcscentto heirs but that she
ao ~ to IL and made the plan II order
to this proceeding then 10 that II seeks to Gre
ate trust ON the property Of the ancesttess
against her express VIII; The court therefore
Judge Olin said he acquiesced In the Judg-
mcnt which had been pronounced for the res-
.n Inc sii% Ts
to purchase the lots. But money furnished
under such Circumstances cannot create a trust
eas on ~ the se sPoSpa ~
THE NAsDAMus CASE.
The Court then called up the rule to show
registers Of election to compel them to strike
on the names OF certain soldiers from the reg
istry.
Plant, and Robbins, of the Board Of Registers,
to the petition OF A. p. Clark and ], r. Arr.
s son published Yesterday. The answer sets
the soldiers Ia question had rcsistered as al,
legged, but admitt that certain soldiers by them
unknown, did register, and that they have
from the list, but they aver that ali soldiers
registered had In answer to questions Of the
oommissioners, stated hatthey were residents
that II any evidence that the soldiers in qu u
ton were not legal voters, had been presented
to them at the time they met to revise and
the names from the registry. That they had
not been notified Of the application for the
ndndamus until they had completed the regis
their Willingness to leave tho whole matter to
M; ". A. Cook re.dhi. separate answer, in
fegistrra he moved to strike the names OF the
alleged non-resident soldiers from the lists,
but that the majority Of the com mi ssioners re-
Iused 70 do so. Mr.. C.'s answer sets forth in
detail the facts In relation TO the registry Of
SAID soldiers, averring that many OF the SOL
d,ers registered had declared to the commits
sioners that their homes were In New York
Philadelphia, &C., but that they claimed regis
try merely because Of their temporary resi-
depce in this city, and were registered under
these circumstances. He declares that In his
Judgment the names OF the soldiers in question
should De stricken from the registry, and prays
the court ,t to make that order He also A..
him In the opinion that the soldiers in 1ucs.
hon were not legal voters.
Judge olin thought that the only answer to
mat H.
noners should be made BY the commissioner
Mr. c'e Go.. The ru,. ". to ,,ov ,,n,.
against the mandamu', and MI. Cook shows
s:Jadss DIN did no. know wh.. kind of .
answer separately which answer could be con
sidsred the response to the rulei
MT: Cook explained his position,
hs ' s,ag ~ ster Mr. Cook, your answer will
WANT THE BOOKS.
AT MI. Zine sAid that he had ordered subpoena
court the original books OF Reputation. hut
the 0crn o, the court had neglected to enter
NJ. Cox said that the clerks OF election were
busy In making out the lists and the books
were In use, but Il the court desired then they
could be produced.
MT. Davidge supposed the conrt did not de.
der the registration.
The Chief Justice said such was not the de.
the registers In arranging the lists.
NJ. Riddle thought that the lists had better
aot De made until II was ascertained that they
were correct.
..ssa f Wsy h AZ. Chief Justice
make provision for the taking Of oral testi.
mony. The books will show that the soldiers
were residents OF barracks, but NOT that they
have no families with them. This fact would
have to be shown by oral testimony. The sol-
oieIs had been summoned, and were Ia attend
Judge wyiie said that these so,ate,a were
no parties to this application for mdndamus;
and yet their rights are the precise object OF
controversy. Conld the ohart decide upon the
Mr.. Riddle felt the force Of this, but thought
that the soldiers might be made parties.
The Chief Justice said that the commission
era did not make the registered party an cleo
tor, but merely pronounced their Judgment
that he was entitled to cast a ballot II he was
not a legal voter. the, ballot would have no
effect IL the question were legally tested.
Judge Wylie doubted whether the court
could act In the case unless 1t undertook to
make out new list
A doubt was here suggested as to what law
Mr.. Dayidge said that there was consider
able doubt expressed As to whether the bill
amending the charter governed this case or
whether 1t WAS now the law.
Mr.. Cook thought the bill had been sent to
Mr.. Davidge had understood II was pre-
sented on Monday week. Ten full days were
required.
After some Informal conversation ss to the
effect OF the law, II operative, upon the right
OF the commissioners to hold a session for an
other day, 1t appeared under the old law they
could meet for two days, within i've days OF
the election, for the purpose OF correcting the
lists; that they had met for the two days and
had adjourned. The new law which the Pres.
ident held for ten days, gives the com mis- sion.
ers the right to meet for three days instead oil
two
Judge Cartier said the rational conclusion
wasi that they could set on any one Of the Ave
days preceding the election.
Judge Fisher did not think that three con.
secutiye days were required.
Mr.. Davidge said that the commiss ners h ad
now. adjourned, and to hold a meeting for
another day would require notice in some
Judge Fisher. How much notice,
MI Eendaii, (readlngl "Prior notice"
MT. Hine here offered to prove the Gtcts
stated In the petition.
Judge Cartier said the nrst question was az
to whether the act OF Congress amendatory OF
the CHAPTER was now the law.
MT, hine. 1t could be ascertained by send
ing to the State Department.
MT. Clephane said he had just come from
the state department, and there was no such
law there. The court did not need a copy Of
the law from the State Department. Any Au
thenticAted copy would be sufficient.
Mr.. Riddle; ! am willing to proceed on
the ground that tho charter has not beer
Judge Cartier. Well, 60 on, and see wha
can be made out Of 1t.
Mr.. Arrison was called to the stand, and wa,
proceeding to state that he was . citizen o.
the Sixth ward