The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-08-04

THE OPEkAIlON Of THE kEGlSIKn LAW.
This morning argument was heard upon the
application made for mandamus against the
assessors of the Fifth ward, compelling them to put
upon the transcript of the Sixth division the name OF
the applicant, John c. Smith. His petition sets forth
that he is native citizen of the United States and
has resided in the State twenty-nine years. and for
twentyseven years in that portion of the city known
the Sixth division of the Fifth ward at present. he
resides at the southeast corner o Fourth and Spruce
streets; he occupies room IN the second
story Of said house, where he is boarder
ana lOdger; the dwelling part of the house is occu-
pied by Joseph Garwood; he has made application TO
George Concannon and Hector Williams, the asses
of the said ward to be assessed and placed upon
the division transcript as private resident, accord
lug to the provisions OF the Registry law OF April,
1869; but the said Hector Williams has refused to do
so, upon the ground that the lower story of the
building is occupied as tavern by one stephen VIII
liams; but this lower story thus occupied
tavern in no way connected with the rest OF the
building, which is private clearinghouse by
Joseph Garwood, who rents the same separate and
disconnected with the tavern.
After hearing the suggestion OF counsel, the Judge
said he considered the chief difficulty in the way OF
granting the mandamus to be the fact that though
citizen be refused by the assessors in the first IN
stance, he still has other remedies provided by the
act, for he may apply to the canvassers who revise
the lists, and finally at the polls, upon proof OF cit
Zenship and the other requisite qualifications, the
law would certainly secure him his right TO vote.
Mr. Sellers appearing for the applicant differed
from this vew arguing that the former registry act
1899 had for its chief object the protection OF the
minority, by giving To every qualified citizen his right
to be registered, so that his election officer might be
his guard but this act operated solely by the will
OF the majority, the majority OF the aldermen ap-
pointing the canvassers, and the majority of can
vasSers determining the lists, and nowhere were the
rights of the minority looked to, and from the cleo
tiOn experience of this Commonwealth, nothing can
he eXuected from the majority of executive officers
Therefore he considered IL the duty OF the Court so to
construe this act as to make 1t imperative upon the
assessors to receive upon their lists the names or
citizens who qualihied electors residing In the
division where they ask 10 be assessed. The Legls-
latuTe gave to the citizen the right TO be registered
upOn this list and he entitled to IL for the pur-
pose Of putting the election officers upon their guard
and whether he chose TO vote or not was matter OF
discretion WITH nm II tne court 20 to SnOa re pese 70
ing the performance OF this duty by the assessors,
and any voter, who CHANGED to live IN house, any
one room OF which was used as a Dar-foom OF res
tauralt could be refused registry
The matter having been discussed by MT Drop
sic representing the assessors the Judge reserved
AN ATTEMpr AT MURDER.
Jesse Mitchell, notwithstanding muatto pleaded
unity to charge of assault and battery with intent
to Kin Samuel Palmer He had formerly quarrelled
with Palmer and bore him an ill-will Recently,
Palmer returned to the city from sOjOurn in Jer-
sey and Mitchell, seeing him in the street, crept up
to him and struck him in the face with brick in
hctiDg painful and dangerous wound.
AN UNFORTUNATE MARRIAGE.
In the case OF Caroline Greisser who was tried
and convicted before Judge Peirce for Knowingly
marrying man whose wife was living, the defendant
was called for sentence ana Mr.. Vanceve who was
of the Court. The testimony at the trial was
to the eject that the defendant came to
America In the same ship with Ignatz
Missler and . his wife, associated with
acquaintance In this country; and Notwithstanding
this, he having deserted his wife and children, she
married him in this city. Wissler was convicted eff
bigamy before Judge Brewster, and senter ce J.,
but has since been pardoned by the Cow rnor.
Judge Perce said he would be moderate in his udg-
ment, and imposed sentence of one days imprl-
sOnment fine OF S25, and security in $1,000 to keep
the peace.
THE RIVER BIRD.
Thomas Reilly, who was convicted before Judge
Perce of assault and battery some time ago and
who attempted TO escape from the officers Yesterday
by jumping into the Delaware river but was pursued
and captured, was sentenced TO the County Prison
fopour months and ordered to give security in $1,000
tQ Keep the peace.