Dallas herald. [volume] (Dallas, Tex.) 1849-1873, 1868-01-25


error of construction, would now bo
contraycntion oftho law, rs amend
cd and defined in the act OF July ID,
1867. f...
The Major General Commanding
also disscnts from various other
poin,s in the construction given to
The dlsqualiiying clauses Of the acts
in question, as shown by the "mem,
ornnda" referred to, but he will add
nothing further to what he has al
roadv faid on the subject, because
his individual opinions cannotright'
fully have, aud ought not to have,
any influence upon the Boards Of
Registration in the discharge of the
duties expressly imposed upon, and
entrusted 10 them by these acts OF
Congress as they now stand, The
Boards of Registration are bodies
created by law with certain limited,
but well defined judicial powers. 1t
is made their especial duty "to as
certain, upon such facts as they can
obtain, whether any person apply
ing is entitled to be registered un'
der the acts. Their decisions upon
the cases of individual applicants
are final rs to the right, unless ap-
pcals are taken, in the proper form,
d carried before competent supe-
rior authority for revision; and like
the members of ordinary courts,
engaged in the exercise of judicial
functions, it is the bounden duty Of
the members of the Boards of Reg
istration to decide upon the qucs
tions as to the right ofany applicant,
on tho facts before them, and in
obedience to the provisions Of law.
Since the passage OF the act OF
July 10, 1867, it is not only the
right, but tho solemn duty of the
members of these Boards, each for
himself, and under the sanction OF
his oath of office, to interpret the
provisions Of tho acts from which
the authority of the Boards was
derived, and to decide upon each
case according to the best Of his own
judgment.
The distribution of the above
"memoranda" was well calculated
to produce the impression in the
minds of the members Of Boards of
Registration that they constituted
rules prescribed to them for their
government in the discharge Of their
official duties, which they were re-
uuired to obey; and tsecms certain,
from various communications OF
facts in relation to the mode of car
rying out the registration, that they
arc SO regarded by the Boards, and
that they not only Influenced, but,
in point of fact, controlled the pro-
ceedings Of the different Boards.
In consequence Of this. and as the
time for the revision Of the registra-
ton in the State of Texas is now at
hand, and the duty of making the
revision will, it is probable, in a
great degree, be performed by per-
sons who are members OF the Boards
ofRegistration, to which the "memo.
randa in question wero distributed
for their guidance, the Major Gen
cral commanding deems it of i'm
portance that the members Of the
Boards of Registration, and the peo-
pie at large, should be informed that
the memoranda before referred to,
distributed from the headquarters of
this military district, are null and
of no effect, and are not now to be
regarded by the Boards Of Registra-
ton in making their decisions; and
that the members Of the Boards are
to look to the laws, and to the laws
alone. for the rules which are to
govern them in the discharge of the
delicate and important duties I'M
posed upon them.
For this purpose they win be
furnished With copies of the acts of
Congress relating to this subject,
and of the amendment (known as
article XIV) to the Constitution of
the United States
In case of question arising as to
the right of any individual to be
registered, the person deeming him
self aggrieved is entitled to his ap
peal from the decision Of the Board,
and the Boards are directed to make
full statement of the facts in such
cases, and to forward the same to
these headquarters without unnec-
essary delay.
BY com'd of Maj. Gen. Hancock,
GEO. l.. HARTsUFF,