The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-04-29
LEGAL INTELLIGENCE.
ATUR LIZATIO N.
The Question in the Supreme Court
Again-Chief Justice ThOmp- =
son Overrules Judge
aw. Read.
Nisi Prius-Chief Justice Thompson.

This morning the Chief Justice delivered the fol-
lowing opinion on the naturalization question:
In re James Barron Application by petition and proof
the 7h November 1850, befOr Motion O. Rogers j. for
In re Gottleib d. Jaiser like application on account
on OF sss 8 % granted by Lewis O. d. at Ns Pus
aSns SSss y GE loss Of granted
The y SIs ppcasoss made adjourned
Ga Rs Cath e. the
y Hon ba A Parsons James Gowen, ESQ, and George
brought q Court S erdess
on Sond e day Of St 'ns
6 tho wSS S0 of e wSS 1T " vas stood
tioners. -"
ESsss sHge rRgeqR znd now 1888
il is ordered that aliens shall be naturazed in this
November g. 1888 Read, JIt ordered by the Court
ever shall be by Prohonotry or any other per
so or in IN es9n & to- hs Of
wit from the 18th of September to the 18th of October
These minutes orders being read the counsel for the
sd wr not s % at nS
ing been entered mere no", without process parties
shts citizens PrGSSsdpg s1Tsad
thereupon Mr. Parsons moved that they Be set aside an
have taken time to consider these orders and this mo-
oR and may in IN the outset say they the force
of the petitioners for duplicate naturalization
teates in the places Of those shown to haye been lost
csrssats a s wSSS
November to at in this Court So 81 should
feel bound by j. and order duplicates issue to the
would place the Prothonotary and his clerks in jeopardy
of contempt of court they placed the seal of the Court
eSs IN s6 that the practice ef the
81 s 70 the Congress for
am Obliged therefore, to consider and determine the
Sssn q dl their SsGe as Judicial
questions involved, and whether binding me or any
Dor shrink from it, '' '' oD' can neither escape
When these orders were made the Supreme Court 'a
in distant portion of this State namely at Pittsburg
o ns h Ct e % % S 1
he JUDGE n Of its
Court intended expected to be held that time in
PsSars Ts IS only material as Showing that tiiS these ss
the result Of the authority of the Court IN SSne
for any such purpose
authority is more than questionable In looking the
aey 9o the result
parties before the court of which the record
and there proper dsensSn ds6s aOn OT Se 4
q orders PIT ut IN TINS It must stand confessed
sion for orders as well as udgment decrees II none
the action exrajpdcia and OF no binding aatSorv
and the h;sss oesSson ga asia not tis judicial
no tEat ths aS 5sD4s
would been dismissal judicial o iSr %aSs
oTsr q sse Of NoTsSSbsn NSSsS snd not
but these orders were evidently of Judgment nro
nonnced against the authority of the Court and hlo
against the constitutional officer the Prohonotsrv it
out sqmnonng @ or notifying him Such powers and rights
e mere order without inquiry trial The legal mode pye
scrlpeu ior TINS ls by writ of rdrranfo sed ont ~
instance of the Attorney General in the name of th @
DnTean IN sueh proceeding Judgment of custer of
lurlsulcuon or IN the case of tha "a; - y.
from the. performance Of his Tus ascustnmed 4m0ef
functions, the facts and the law estabIishad tb 90
the proper result Of the proceedings should follow II
4Ss Gus tne jurisdiction Of the Court also the ocer from
le OF his functions if the had
s 6een INSTITUTED bE the Attorney in the name Of
uie SonionWeaith after suggestion fled writ saryad
had and proofs made Nobody viii SUPPOSE
pohspe 9r such result TO be arrived at In the
possibility - .'e eAPocVeu 10 argen lts
But before finally pronouncng ON these ords LAT ms sae
ee was such doubt OF the right To exercise the iuris
9r 10 authorize give color 10 the nronriefy of
hahg tnem The manner in which the Jurisdiction had
nage VINO made them There was no case involving that
ne and the learned Judge had no appellate
o. what had been done BY other judges the
SonIt IN snort there case OF the kind or of
knd before the court the second and thrd DAYS
in question. ''N'''A.S " -- Wv ~
recedens that ia the decisions Of justice not
Vkna htlft guides what given