The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1870-11-03

MORE or ARTiCLE ONE.
nave anticipated In what have said the force
ana erect OF the nineteenth SUBDIVISION or the eighth
section OF the same artlcle-tne power TO make all
laws winch snail be necessary or proper for carrying
ihto execution the foregoing powers. II, according
TO the view which we take OF the section already
considered, Congress has power TO regulate the time
az Wei lu anu iair opportunity 10 vote at all elec-
hons for members OF Congress, and also to it
that no one iraudnlenuy exercises the privilege OF
yotin9 then 10 follows, under the nineteenth sub
DIVISION that Congress has tho power TO pass all
laws winch shall be necessary TO give effect 10 those
regulations, ana we know OF none SO efficient as to
add the sanction of n penalty.
There Is another section upon which desire to
MAKE MAKE a single obssrN aiion-section i've, Each
house snal DC Judge OF the elections, returns and
qualincations OF its own mcmbers.n We do not
thhK IL necessary to rest our OF the constltu
uonalty OF tne law upon that section, and yet tho
argument To our minds ~ plausible In u high degree
II Indeed we ought not 70 regard it as satisfactory
alone considered, W., that when the constitution
conferred upon each House the power to Judge or
the electlons, returns and qualifications OF Its own
members, ana then authorized them make all laws
necessary and proper for carrying into execution the
foregoing powers and all other powers vested In any
department OF tine government, it authorizes Con-
gress TO make such laws touching the conduct of
clectonS ana returns az would operate, lrst,
10 furnish each House " Congress appropriate
evidence OF the validity or the commission or APP
the right TO seat and alike to pronlbif the inter.
vention OF any obstacle which might emharross Or
prevent tne exercise OF the right OF each House TO
Judge OF tho election or any man who claimed
right To seat 1t IL familiar TO MS all that when
contest arises refer to this the practical EXPOSE
ton OF the suDlect Congress feels itself at liberty
to probe the matter OF the election Of a Repre-
sentative 70 ~ very foundations; TO look
through and beyond all FERNS OF authorization and
ccrtincatei ana inquire ana determine the actual
TACT whether or not ne who claims scat Ii entitled
thereto. And our statue book contains numerous
provisions having for their object the facilitating OF
the inquiry; and can 1t be that when Congress Is
Clothed with fun powers to pass all laws TO carry
Into eject this power conferred upon q depart
not MAKE it an odence against gam ' the laws avs
Of the United States TO effect fraudulent regslra-
ton, which Is % stand NJ prifl Tace evidence that
the vote which Is cast il q legal and proper votep j
viii not enlarge upon that branch OF the subject,
but tnsre are considerations tending strongly to the
idftrence that the power contained In the last two
clauses which fhata namsI y lyll and ample to
sustain the constituonallty Of the section on which
this Indictment is founded.
THE INDICTMENT SUSTAINED.
Our conclusion then, Is that the section OF the act
In question: and upon which this indictment rests
the twentieth section-which assumes the power OF
the united states to frauduienny register, is con-
stituti0nal enactment.
question is q SUFFICIENT Indictment under the act.
That question Involves no constitutional considers
tons. II involves no principles that gener-
ally applicable 70 any ordinary inquiry into the sufl-
cheney OF indictments. And In reviewing Tins
subject looking at the history Of adjudication, par
nculary In the United States courts, but sustained
by The courts OF the state Of New York and OF Mas
sachusetts and others, find ourselves In no doubt
THIS being msdemeanor created and declared by
statute 1t is sufficient to describe statutory oence
In the words OF the statute itselfin the words OF
the statute, adapted. Of course, to the particular
circumstances involved In the offence which Is
charged. This doctrine seems 10 us,abundantly sus-
tanned by decisions that are TO be found in Call
son, massachusetts, Reports Curtis, decision IN
York illegal Observer q decision In Bald
wins Reports, one that was freely referred to
from Peters, in the supreme Court OF the United
States; . dects0n OF she supreme Court OF the
state OF New York. In Wendell; another IN Mas.
Northern District This tai IN
ford, page 392, and winch has singular significance
in reference TO branch OF the discussion upon this
pOlnt. In which o ilan was indicted for perjury
under the statute Tor taking false OATH before
Commissioner, which Indictment was held INSULT
cient because s. TIE Commssoner Was described
\ description OF so general q character
az not 70 impart an authority to administer an oath
but in which case, notwithstanding the Indictment
was held insufficient the Court took occasion 10 say
thai setting forth the commission the particular
powers 81 the Commissioner. or the source whence
they were derived Is not necessary, provided he is
alleged to hold an Office which apparently confers
upon him the authority to administer tue cath in the
allegation that he had competent authority 70 al.
minister the oath rs declared 70 be sufficient
tbs indictment, IN our view, follows the words OF
the statute. Its departures are not properly le-
partures; they are adaptations Of the charge to the
particular facts alleged; and within every view 1t is
sssuF va '''s are IN subs anita conformity to the
1t Is suggested BY my associate. and very pro-
perly, that IL becomes necessary part o judicial
duty, in constituting thus indictment applying
the inquiry whether IL Is substantially in conformity
with the siatnye that we take as we 90 and "a we re
bound 10 DO, judicial notice Of the statutes Of the
State OF New York, which are referred To In the in
dictment Itself. Upon both Of these points, there
lore. involved in the discussion. Of the
opinion that the indctmenr should he sustained and
that the demurrer Of the defendant be overruled.
There was considerable stir among tne audience
when the learned Judge had coucinded.
TIE DISTRICT ATTORNEY MOVES FOR JUDGMENT oS
TERENCE QUINN.
The DISTRICT Attorney then rose and said MAY ID
please the Court, rise now to move Judgment upon
the prisoDes at the bar upon the decision Of the
Court overruling the demurrer. L. win be remem-
bercd that gave notice to my learned friends yes.
Ierday that should consider A. my DUTY u make
ns Of e . ps
this kind. have no hesitation In dong This for an
other reason which IL ar that upon the questions
OF TACT Of the offence having been committed there
can De no possible donot: Those iactS stand I'D
nlitted by the confession which the law attaches to
general demurrer. II ! had tue slightest question
whatever OF the aoty o. the government 10 prove
the facts OF double registration by the accused, and
oi the registration by MIN, after having
OF all right TO VOTE frankly that would consent
u i Judgment requiring hun 10 plead over. But
having no doubt, because there can be none upon
the fact Of the double registration, and having tho
record of ms conviction in my POSSESSION, think Ii
my duty to Insist, IN accordance with the notice 1
gave my learned TREND tina, the Judgment should
now be pronounced. which the law reQuires upon
the prisoner, ans npon tbat subject | ask II the
Courr entertains any doubt Whatever that my
learned associate, Nj. Cushing may be heard.
Judge WoOdruf-Dn counsel for the prisoner de-
sire 70 be heardr
BIZ. Gurus We have nothing 70 gay.
VIZ. sTcuGHToS's OBJECTION.
MI Stongbton-We nave only this 80 say: This
demurrer vas interposcd, az tue Court knows. Tor
the purpose of raising questions which the counsel
believed could be raised at more convenience ia the
Court, with a view 10 w0ar we supposed might be
The direction oi tne Court as ~ the ultimate
disposition OF any question that might arise
than by raising it In any other mode. II Is
in the discretion OF the Court 20 permit plea or
not. We are not disposed to say one worl on the
subject Of how tine Court shall exercise that dscre-
tion except To say this thar in the history OF the ad
ntnstraton OF tho law III THIS CITY, as asccrtained
by inquiry OF the several district attorneys. State
and national dnal Judgment upon the demurrer as
asked Tor has never been practlsea. We dc not
propose to say any thing further.
THE PRACTICE OF THE COURTS REytEwEp.
Mr.. Curti5--I VIII state 10 your donors tnaf have
made inquiries OF several district attorneys OF the
Unlled States whose terms cover he last twenty
Ave years OF practice Ia chs cour and am assured
THAI the has not occurred in tine practice OF the
court Of q demurrer being overruicd Of the de-
murrer aud Judgment and sentence moved ihcreou.
A.tfl