The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1868-11-20


The supreme Court 10 general term yesterday |
gave judgment 10 the Film ward election |
b ss,n"n; y the o ss,Gs 81 sS Ds%S
decision 10 believed to settle, 10 substance, all
the contested election csses now pending in
Upon the opening Of the court, Judge Cartier
pronounced the opinion Of the majority Of the
court dismisslng the petition, as follows;
plant Of the petitioner that he is the duly
| elected assessor for the Fifth ward Of the city
Of Washington, having received majority OF
he f MT DAY 81 c june, 1891 The Sadspated
facts Of the case show that At the election re-
ferred to l,o2o voter were polled, OF which, &C:
election, the petitioner received s'2 and the
respondent OIL, leaving majority OF 81 for
S.en
credited to the vote given for yo,sph q. Gar.
roll, thus making the actual majority, accord.
N fs H msorisy il the absence of other exp
nation, would cntitle the. petitioner to the
once which he claims, and raises the neces-
eisstion. In the persecution Of further 10:
quIry IL has been objected that the return OF
the commissioners, based upon the list Of
ton, i IL eonciusive, behind which neither the
register, IN granting the certificate Of cleo
e not important for the present purpose. q
the inquiry to determine. We End the certia-
.s and shs ss 10 ,sH
vl.ory Of the future action OF the rcslstef.
son has reeeiyed or shsii hereafter receive, a
certificate from tho register OF the city Of
Washington, based upon sdhtfdciory evidence
Ing him Of his election to any elective ofiiee Of
said city, he pcrson receiving such notification
shall be entitled to enter upon the discharge
the register shall be prima Jac!e evidence Of his
election to and rightto discharge the duties Of
II would appear from this statute that the
range of his Investigation and judgment Is lin.
tied to the evidence Furnished BY the eonimissfon-
s,n s me .psete
II the objection be we'll founded that the
, Court may not go behind the act OF reEistra-
based upon that act, the first sugsestion that
, occurs 10, that the investigation ends where 1t
begins, and the provision OF the statute OF
And be u further enacted, That any person
who claims, or shall hereafter claim to be
. elected to any elective office in said city, may
+ Court Of the District OF Coiumbia, by petition
setting forth the facts upon which he relies, and
shall serve copy on ne ,nsaIsem or p ,r,SSn
J, and the person so served shall make answer
!, to said petition within Ave days. and said
ns y the Sgss 81 ss
Z that purpose q special session shall be called
y and held whenever necessary for the purposes
b In any case so brought before IL shall DO anal
J, was enscted In vain. And II this be SO, this
to so Sss nor Il
d | provision that their determi nation shall be
y fnal and conclusive, inasmuch as the objeo.
q | tion provides dnal and conclusive judgment
70 before the case reaches the court. The con.
n clusiyeness OF the determination Of the board
u OF Judges Of election in the act OF reg stration
o Ia m apl tho thaorv III at they c0natltute
q a judicial tribunal, the hnding Of which Is the
d end Of the law 10 the matter under investiga'
:. ton. In this view the Court do not concur.
s. They are In no sense a judicial tribunal. They
e are simply organised to discharge the duties
f. Of the officers OF election, as they have been
h lions, hitherto chsrged with the duty OF re-
e eeiyIng legal vs2n'and rejecting illegal ones
a creation, section 8 OF the act q February 9
le 1907 which simply makes u their bu.i
ness to prepare list Of "9aaifsa' voter e
e. tribunal, they arc such without parties
IL and without process or any other OF u,
I exact aud reliable Instruments OF justice. II
Id the case was left to rest upon reasons to he lie
rived from the nature and character OF thcil
d. duties, there would be no doubt, In our minds
d the character OF . Judicial tribunal, and tina
2, their acts are subject to an exaninstion b
y the Court in all cases Of contest r but tn
Id not wlthoutthe aid ofexpress authority upol
ie the subject. Tho action Of Congress In ever!
n ease that has transpired since the organi5a
'r- ton Of the Government, from the First to tn
Fortieth Congress, ovefrules the objection b
ne sweeping away certificates, returns, and Al
90 moby to reach tho last important fact, as {
he tohieh ofhe eoniesfdnis received majority o.
y. isgai votes, uniformly regarding ne qas.i6Sn
p" mpia Of proof as 10 ne election. But 1t may b
m replied to the preeedents and rulings Of Cou
eS4. tSa law sGia SP \. SOdS
he unto itself we treat It as authority becaus
the conclusion q ssaeniiauy rigtt.
Congress In enlighteninB the subject befor
ey us. The question 10 not new In the Courts, a
ny will be seen by reference to the ease OF Aul
on p. 100, In which case, based upon statut
I'm similar to the one before US, the Court max
Sf t as sPeEss sce Of Res,,rv under b
be statute, as a special tribunal for the trial o
", the right to vote In New Orleans, whose cert
' NOT not subject 10 revision BY the sommssioner
m. Of election. We do not hold, however, tn
,rt Judgments Of that tribunal to be without Al
Is, mode OF redress, by suit against the register
refuse a certificate. And the validity Of tn
at Upon eonisS ~ aseiion, By dc IibGnas ssiss
Sai e e. 81 S't &c sSc
nd NJ. Leslie vs.. Tho County Commissioners, 81
Rawle, page Y, the court say;
,g no discretion " relation to the return, poin
ny which shall hereafter notiseD yet 1t 10 no
ad perceived how this helps thc REALTORS cas-,
conclusive on the Supreme Court, and that
he fact there Is no tribunal 10 me Common
'et wealth competent to examine into, and CORES
q. part Of the returning oiliser." ...,,.,
nd nhaRryel that two feturlB made. and