South Branch intelligencer. [volume] (Romney, Va. [W. Va.]) 1830-1896, 1870-09-09
Registration in West Virginia,
Important opirioa er Jusge Bond.
From the Raltimore sue, 81. h s..

From the Baltimore SUI, oept list.
4 ebayc received the following Important O.
piniop of the Hon. Busn L. BoSo. judge of the
fourth judicial circuit of the United States in and
for the district Of West yGginia, given in the
case OF habeas corpus heard in chambers at Mar
dnshnrg, West Va. on Monday last
I In Chdrn5ers-H a5ets Co-pu,.--Iu the matter
of the petition OF JONI f.o-AiolLwss before Hon
\ HUGH l.. BoND, judge Of the fourth judicial cir
cult OF the United States.
Itappears from the return and the evidence in
this cause that the petitioner is Of the per-
sons appointed, under the laws OF the State OF
West Virginia, 20 register those entitled to vote
under the election laws of that State. .,,
] A certain WfsFIELD ScoTr ALKIRK, n white cit
izen of West Virginia, made application on the
fifth day of August 1870, 10 The petitioner 70 be
registered, and his application was refused on
: the ground that he was not qualified 10 vote nm
der the laws of the State, by reason of his sdhe-
renee to or participation in the late rebellion.
The petitioner therefore, on the affidavit
. OF said Alkire, arrested and brought before a
commissioner ofthe United States for a supposed
violation of the &C; of Congress, approved May
81, 1870, and by said commissioner in default
/ of bail, was committed 20 answer at the next
term of the District Court. le1 ri
IL appears to me that this case does not come
within the puryiew of the statute in ques ton.
( That it was not the intention OF Congress 20 a
bolish the laws of the several States which pre-
]
alter them, except so far as they founded
upon the obstruction of race, color, previous
condition of servitude,' is sufficiently evident
from the words of the first section Of this statute
which declare IL To relate 10 FALL citizens OF the
United States who or shalt be other wise quail
ifed by law to Vote
/ II cannot be doubted that the meaning of this
language is that these citizens shall be qualified
TO vote by the laws of the State or Territory in
which they offer to poll
That these persons thus "otherwise qualified
shall vote without distinction Trace, color, or
previous condition of servitude, is the purpose
and intent of the statute.
/ 1t clearly the duty imposed upon the pc
titioner TO inquire into the qualifications of the
applicant for registration under the laws of the
State of est Virginia, and if he found him
I otherwise qualified he to register him
without distinction OF race, color, OF previous
condition of Servitude,' under the penalty OF
this act of Congress.
The third section of the act of Congress relates
to those citizens otherwise qualified" who have
not been able, by reason of the wrongful act or
omission aforesaid, TO do the prerequisite act
which entities the citizen to vote. There Is no
mention OF any wrongful act or omission in
/ the third section ITSELF and every rule of cou-
| strucuon requires that reference should be had
| to the previous sections where we find the
wrongful act or omission to be the making
mong citizens otherwise qualified" distinc
! ton ION account of race color or previous con-
! dition of serytude'
} tits not pretended that the petitioner refused
the application Of Alkire on this account and
! therefore he is not guilty of the wrongful act
/ or OMISSION which makes him ameuable to the
! punishment prescribed in these sections.
The twenty-second section of the act under
consideration relates to the "oiiicers OF any cleo
! ton ut which any Representative or Delegate in
| the Congress of the United States shall be voted
for" 1t is not alleged nor is il true, that there
/ was any election of the Kind being held, of
which election the petitioner was an officer" lie
/ was mere sub ordinate officer of registration,
from whose Judgment there was an appeal hy the
/ laws Of the State to board of registration in
/ review.
The petitioner, in my opinion, must be dis
charged, because il does not appear that he is
guilty OF the violation Of the act OF Congress with
which he is charged, and for the reason that for
his judgment Of the qualification of the appican t
! for registration, under the laws Of West Virgin
/ in, he is not answerabe in the courts of the u
] nited States. shall pass an order to this effect.
II. l.. BoSD.
! The Detitioncr was dischar0ed