The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-04-26

time since. Messrs. Brent & Philips APP
peared for the appellant, and W. J. Miller |
for the appellee. As Il involves a question |
Of importance 10 the District we give the |
opinion Of the court In full
Ellen Kelly, Appellant, W. Ellen Owen,
Margaret Kahoe, and Philip Kelly. APP |
peal Of the Supreme Court Of the District Of
opinion Of the Court.
This is a suit In equity for the sale or par
tition Of certain real estate, situated within
the District Of Columbia, OF which Miles
Kelly was seized at the time Of his death, In
March, 1862. The deceased died intestate,
and without Issue, leaving surviving him,
In the United States, q widow, Ellen, and
two sisters, Ellen Owen and Margaret Kahoe.
The widow claimed the entire estate, after
the payment Of the debts Of the deceased,
to the exclusion Of the sisters, who claimed
that they were entitled, as his helrs-at-law,
to q share Of the same. The court rendered
q decree In favor Of the widow, and the sis
tiers appealed TO the Supreme Court Of the
District, where the decree was reversed, the
latter court holding that the sisters were en-
titled to q share Of the estate. The case
turns upon the construction given to the
second section Of the act OF Congress OF
February 10, 1855, which declares chat
any woman, who might lawfully be natural
lied under the existing laws, married, or
who shall be married to n citizen Of the
United States, shall be deemed and taken 10
be citizen" 30 Stats, 804.)
As we construe this act, Ii confers the
privileges Of citizenship upon women mar
ried to citizens Of the United States, II
they are Of the class Of persons for whose
naturalization the previous acts Of Con-
gress provide. The terms "married," or
"who shall be married." do not refer, In our
judgment, to the time when the ceremony
OF marriage Ia celebrated, but to q state Of
marriage. They mean that whenever q wo-
man, who under previous acts might be
naturallxed, Is In q state Of marriage to q
citizen, whether his citizenship existed ut
the passage Of this act or subsequently,, or
before or after the marriage, she becomes,
by that fact, a citizen also. His citizenship,
whenever II exists, confers, under the act,
citizenship upon her. The construction,
which would restrict the act 10 women whose
husbands, at the time Of marriage, are citi-
zens, would exclude far the greater number,
for whose benefit we think the act was In.
tended. Its object, In our opinion, was to
allow her citizenship TO follow that Of her
husband, without the necessity Of any ap-
plication for naturalization on her partj and
II this was the object, there is no reason for
the restriction suggested.
The terms "who might lawfully be natural
lied, under the existing laws" only limit
the application Of the law 10 free white wo-
men. The previous naturalization act, ex.
listing at the time, only required that the
person applying for Its benefits should be
"a FREQ white person" aud not an allen
enemy. lAct Of April II, 1909, Stat. at
Large, 1880
A similar construction was given 70 the
act by the Court Of Appeals Of New York,
In Burton vs.. Burton, (38 N. Y. Rep, 373,)
and Ia the one which gives the widest ex-
tension to It's provisions. Ms
Il follows, from these views, that tho
widow and the two sisters were citizens OF
the United States upon the decease OF the
interstate husband. Tho widow aud Mar
garct Kahoe became such on the naturalist
ton OF their respective husbands, and Ellen
Owen became such on her marriage. The
sisters are therefore entitled 10 share with
the widow In the estate Of the deceased, and
the decree Of the Supreme Court Of the Dis
trict must be affirmed. Ordered accordingly.
CIRCUIT CouRr-CniJ yusties CARTIER
This court was occupied as follows yesterday:
Az UssTAMPED CONTRACT NOT TO BE PROVED
NJ PARoL.
Mary A. Elliott vs.. j. Franklin Reigart.
Action Of unlawful detainer coming up on
appeal from the judgment Of Justice Shep-
herd for the plaintiff. The property, the
possession Of which Ia sued for, Is situated on
the corner Of Eighth and @ streets, opposite
Mr.. Ennis opened tho evidence by intro
dncino a wr,,.au renewal of The Lease for one
year from October !, 1857. Mr.. Norris, for
ReIpart. objected that The renewal was moi
stamped. ' NV
The Court. A contract In writing and not
stamped is void under the statute, and moi
admissible.
Mr.. Ennis then offered to prove the re-
Val 81 ha k.,,
The Court. You can show an independ-
ant contract by parol, but II the contract
proves to be the one which eliminated In the
unstamped writing ii will have to share the
fate of that paper.
In this state of affairs Mr.. Ennis with
drew n Inror and continued ,hn oasa
Buec6ler va. TiIIcy. Jndgment corsos.oa
with STAY of execution for "a DAYS.
Corporatlon of Wasbinoton VI. Fre,cb a.
Richardson, Discontinued at defendant,s
cost.
CORPORATION of Washington va. Alfred Car
ter. This was an appeal from the Judgment
OF A iustice anino tbe desendant ~ ssiiins
small beer at the Centre Market against thse
order of the clerk of saId market oThe ease
ment oftbe iustice reyersed ~A ' 'N1s
Corporation Of washington VS.. Hill. Mo.
Same VS., FANNY sweeny. for Wasting Poto-
mac water. Case dismissed for want Of
sneoific Mathematical ~ tho d.f.noa 80 -.
g.o,
Reversed '""e'e"' oe'o"
las. M. McGrann va Corror.,io,, ofw.h
ington, Appeai from ape inaictss ~,
aIisced .siilnn ., Wan nv ,,ha,. IL lo'
Judment reyersed n heing nroyed oni,, ~,
the iiouor was ada IN the XII Of tsSs s ana
there being nrooS that ,hs anno,iont ~
license for All thst fail ..no,, " ,nnn,h lou
Brandner va Maxor ~ WoshSma,nr
Judgment aff,rmsd s'""'
Adam NiIIer w cooro. u.,,m., Jr,o
ment below reyerssd os' i""' '"'s
Brltton a. Gray va. VIM. Rutherford.
Dismissed "' We "A' 'o'u'
CORPORATION of wosbInoto, va J,o swoo-
ney. Dismissed,
The remaining cases ON the calendar were
continued until next term.
Riggs & Co. Va. Boyd. Rowland a so,.
VS.. Bartholow; Dole Va. PoIer and Dodsnn
vs.. Winter. Judgment Inv defanit in ali
these cases.
Parker VS., Frassp. Motion IN act as,do
Judgment oyerruied. a''''
Brashears Va. CaIiff. INDIGNANT bv dofor,,