Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-05-27
The Right of Soldiers to Vote.


To-day an application was made to the So
preme Court in General Term by Messrs. A. u
Riddle and A. s. Hine, for H. A. Hall, A. q.
Hall, Harrison Harris, A. p. Clark, John R.
Arrlson and ether electors of the Fifth Ward,
for writ Of rlandamus on the Judges OF Eiec-
r. +. Bacon, q. II. Plant, and W. A. Cook
commanding them to appear and show cause
why the names of certain enlisted soldiers of
the United States army should not be expunged
from the registry lists. The petition sets forth
that n der the CO Of February 5th, 1867 ato prs
vent and punish illegal voting,' certain Judges
of Election were appointed, by the Supreme
Court of the District of Columbia, to appoint
days of registration in the respective wards,
and 70 register all duly qualified voters that
under authority conferred by such act, they
appointed the - day of May for registration
in the Fif.h Ward, and proceeded to register
the voters OF said ward, and in spite of a pro-
test from the petitioners, they admitted TO regis
trafion Patrick Boyle, John Dwyer, Samuel
White, Thomas Harrison, and others, enlisted
soldiers IN the army of the United States; and
they further aver that the said soldiers were
only in the city by reason OF being enlisted
men and subject to the commands of their
superior officers; that they (the petition.
ers) requested the said Judges to strike
their names from the lists but thew re-
fused TO DO SO. They also charge that on the Odd
OF May the said Judges met in Consultation and
decided that they would retain the names of
all soldiers on the lists Of voters who claimed
10 nave been on duty in the city one year prior
months prior to said election, notwithstand.
ing the said soldiers were residents of foreign
states. They also charge that the said soldiers
nave not and will not have been at the day of
the next election residents of the District one
year but We're enlisted In foreign State and
nave been even located in the District
but few months. and much less than one
year, and the records Of the War Department
will show such to be the fact They also aver
that the Judges had, on Saturday last, notice
OF the intention to petition for this writ They
ask that the mandamus be issued as prayed
commanding them to strike from the lists the
names of said soldiers, and all other soldiers of
the Army Of the United States, not qualified
voters here. The petition is signed by. and
sworn to before Justice f. l.. Corben, A. p
Clark and j. X. Arrison.
Mr.. Hine read the petition after which the
Chief Justice said he would like to hear argu
ment on the question. His first Impressions
We're that the soldier. by reason of moving with
the army, did not lose his vote at the place
where his domicile was.
Messrs. DavIdge. Merrick, Cox and FendaIl
appear for the board.
Mr.. Merrick suggested that the Court had
Board was clothed with judicial authority.
NJ. Riddle remarked that there was another
question In this application. Whether or nor
the charter Is yet in force. He took the view
that II had expired. and there was no law for
this proposed election. II the amended charter
was passed over the veto then there would be
some sort of charter.
Mr.. NerrIck suggested that the right of
Messrs. CLARK and Arrison to act for the elect
ors might be considered.
Mr.. Riddle suggested that the petitioners
We're candidates.
The Court directed a rule to issue, returnable
tomorrow morning.