The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-05-17
LEGAL INTHILIGENcE.
Court of Common Plens--Judges Allison, Lud-
low, Peirce, ind Brewster.
THE REGISTRY LAW.

THE REGISTRY LAW.
As by further appointment, counsel were in Court
this morning to discuss the 9th section OF the
Registry law, the Court having been requested to
express their views upon the nature of the assessors
Henry M. Phillips, Esq, in place of Mr.. Biddle, and
William /. Ilirst, ESQ., appeared on behalf OF the
Democratic ASSESSORS and Charles NJ Gibbons Esq,
The particular section under confederation re-
quires the Assessors, by the Both day OF June, to
make out alphabetical lists OF every hotel, tavern,
restaurant and sailors boarding-house, designating
such place by its street and number assessing
county tax upon each qualified eector keeping such
hotel, etc, but not to put upon such list any
at sHe a0te e rs the mot
And another sectiOnprovdes that all laws relating
to the collection of personal taxes and elections in
the city OF Philadelphia inconsistent with this law
repealed.
Mr.. Phillips who opened the argument, thought
the Legislature had fallen into the error OF consider
ing taxes as for no other purpose than to give the
right to vote, for by this provision they had taken
from the assessors lists large numbers OF taxable
persons who might be at such places as designated
in the law but not yet have the residence required;
and this moreover reduced the representation of the
city, by reducing the number OF taXables.
But, considering the 2Ith section, he could not be-
lieve the construction the true one which included
in the exclusion from the lists not only those who
are mere boarders, but also bona fde lodgers; for
this would be to disfranchise large number of
honest citizens who live here from year TO year. and
whose only residence may be at motel. Such con-
structon was obviously unjust, and he thought could
not be sustained. But he thought the proper inter-
probation would be to say that though mere boarders
had not legal residence, and should therefore be
and were entitled to be included upon the list, and
the law would become perfectly intelligble and re-
conciable 10y the court in interpreting it, directing
the assessors that while they refuse to put the
list mere hoarders at these houses yet they shall not
omit the names Of dodgers who were qualified
electors
Mr.. Gibbons, who framed the act after reviewing
the system of fraud that was practsed under the
old law, by which tavern-kcepers and other like
persons whose houses contained not more than four
rooms, were enabled to put upon the list fifty names,
and import strangers to vote under them and
| prevent such outrages, and make election con-
tests determinable by the election judges re-
years legal struggle in the courts by appointing for
| each division two assessors, one of each political
party who are particularly enjoned to refuse such
names, and who should watch each other strictly, to
prevent repetition of this outrage. After promising
these views he thought he could safely defy any in
| telligent and fair-minded man to read this act
through and point out how it was possible to dis
| franchise any single qualified voter.
This exclusion referred TO the first list, which
To be posted in the most conspicuous part OF each
division for weeks before the election. Here every
bona he boarder and other qualified elector was en-
abed to see whether he was upon the list, and If he
was not, he was afforded ample Opportunity OF being
! blaced upon the subsequent list. These lists are TO
be revised by the assessors and returned to the City
Commissioners accompanied by a1idavits tia! that
aed adrS eectoT, 'fsI the ""Se best Of S tner
knowledge, and belief; The Court was
ton upon this law which would erectualy defeat its
good objects; to say that where the name is given
as that Of boarder it is to be omitted, but that
where the name was presented as that OF lodger IL
should be received upon the first list, and thus
able the sailor clearinghouse Keeper TO give in fifty
false dodgers, just as, under the old law, he could
| give that many boarders.
Mr.. Hrst here followed, and said that when he
| was omitted from the list because he chooses TO
live at hotel, it would not do to tell him that he
might get upon the extra list by going before the
holders that he is entitled 70 be put upon it. When
the the St Constitution gave to every citizen GhIael
culhes. And because it had been said
that persons had voted last year who were not en-
who had the right to vote should be excluded this
year. lie thought and confidently hoped that the
most liberal construction would be put upon the law
| The Court held the matter under advisement.
| District Court, No. Judge Hare.
| G. w. Riley, to use vs. Bunker Brothers Co. Ar
action TO recover damages for an alleged breach OF
an Oil contract
District Court, No. 2-JGdge Thnyer.
| F. & G.. A. Henkels vs.. Frank GranellO. An
| action on book account No defense. Verdict for
John Fullerton vs.. James Arbuthnot. An action
| TO recover rent arrear. The defense set up that
there were two persons claiming as landlord, the
paintin being one; and that defendant offered to pay
him rent but he refused to receive it or to acknow
ledge him as tenant Verdict for defendant.
Alexander Crow vs. Frederick G. and Charles T.
Wobert This was an action to recover damages
for the obstruction OF twenty feet street, running
between Calowhi and Hamilton, Twenty-frst anC
Twenty streets plaintln owning one of th'
lots bounded by this street On trial.
| Court of Quarter Sessions.
| The second period of the May term was opened
this morning, and the attention Of the Court was en-
| gagged with the applications made for excuse from
| service upon the petit jury.
| u. -. District COurt-Judge Cndwalader.
| The May term OF this court for jury trials was com
| menced this morning. John NJ. Ogden, Esq., wa
| appointed foreman OF the Grand jury who were in
structed generally to their duties and dismissed
| business. The list was called in order to see wha
| cases were ready for trial.
The following cases were submitted wlthou
| evidence and verdcts taken by CONSENT
| The United States VS.. one steam engine, claime(
| by Patrick Mcdonald. Verdict for claimant.
| The United States VS.. spirits, claimed by Mchae
| Haggerty. Verdict for claimant.
| The United States VS.. tobacco, claimed by j. Ken
| sew Taylor. Verdict for claimant
The United States vs. property claimed by Ephran
| Hall a. Co. Verdict for claimant
The United States vs.. beer, etc., claimed by Charle
| Glass Verdict for claimant
| The United States ys. Scull Co.. Claimed b.
| Fiss Porter Hugh. Verdict for the United states
chinano hnasts OF having received In one week