The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-10-18
NATURALIZATION IN A MIDDLE.
The Prospect Of Conflict Between the state
C"urts and the 4. -. Courts.

Considerable, interest was centred yeSter-
day in the decision OF Little Johnny Davenport
in tho case " tho police officers who wore ar
rested bccnuse they hnd arrested n Supervisor
Of Election ON u charge OF having stolen tho
naturalization papers Of n citizen who offered TO
Register Tho case arose in tho Twenty-scventh
Election District where Supervisor David Smith
refused to give mp the papers OF John Herman of
1Gia Downing street. which were given in 1868.
Herman had Smith arrested. and Little Johnny
Davenport went to his rescue. md had Capt.
Kennedy and Onlccrs Robertson and Maluskey
of the Charles street police arrested. The law
provides that every person. with or without any
authority. power. or process. or pretended au
thority. in any State. Territory. or municipality
who shall Interfere with. or modest in any way.
my Supervisor " Election. or the Marshal. or
any Of his dcputios shall be liable to instant ar
rest without process. md shall be punished by
Imprisonment for not more than two years. or
10y fine OF not more than $500. or both. and shall
pay the costa. On being taken before Little
Johnny on Wednesday evening. Capt Kennedy
showed that he did not order the arrest. and he
was allowed To- go on parole. The officers woro
locked up in Ludlow street Jail for the night.
md taken to the Office NJ tho Supervisor of
Elections Yesterday morning. 1t thop appgared
that Onlrcr Robertson was tho one who ordered
the arrest. and hu was held 70 await the action
81 the Grand Jury. Officer Maluskey was dis
render Of naturalization papers has been going
on. and about $500 of them have been given up
Little JOhuny said. yesterday. in regard to
judge frcedmnus decision. and ITS bearing
urnn the probability OF II conflict between the
state courts md the United states courts on the
subject NJ naturalization, that the General Term
% tho supreme Court had decided the question
oi what record is required in NATURALIZATION
B9c2n. and Hubbard. and tho case. was t6ai
OF mo Pcoplr against Swnetman. The point
nct OF nnt@ra"non In that case 80 p The court
must he ''" produced = showing Tho pen pen;
illumination Of Tho witness. The supreme
Court Of the United States. in the ease Of SDrat
OF the Union that has been reported whcr" the
question Of naturalization has arisen. has de-
the minutes OF the court In tho case of Sprat
against Surau. the Court held TINT natural2a-
ton is confined to courts OF record that the
statutes of the United States require the pro-
crclings to be recorded. and that II any record
be- not in proper. form. i is void.
, In regard To- Judge, Freedman, he said that
the Judge had decided something that was not
before him; that Mr. Sullivan's, application was
two men who admitted that the record OF their
naturalization IN 1865 was imperfect Instead
otrnrre'tins the record. the Judge neither de-
nics nor grants the order asked for by Mr.. Sui
Ivan. hut goes Of into thrcc-column opinion.
in which H. says that there Is record. and that
Il Is all right. He intimated that he would en-
dcavor 70 nave an Indictment procured from
special United States Grand Jury, for the pur-
pose oi testing the leEality OF the 1865 papers.
District Attorney Woodford in reply to qucs-
tons In regard To tho probable action OF his
Office on the naturalization question. said that
lac seldom tried caseS out of court; that each
case under the election laws would be- carefully
considered. ard that he would endcavor to de
eide each according to its own merits. In re-
gard to Judge Freedman's decision. II would. Of
course. receive that respectful consideration
Ia which all Judicial opinions are entitled. He
believed that tho present rules for keeping
records In the Superior Court conform 10 those
Oi the Common Pleas. and that in future no
question can bo raised in regard to them.
Little Johnny expressed the opinion that
there would be- no more supervisors of Election
arrested. and that the arrests made We're
through oversight Of orders issued 10y the Po-
lice Comm issioners in former years
Judge Freedman expressed confidence TINT
his decision will be- upheld by the State courts
and that he is right in the opinion that the great
number of citizens who took out papers IN 1865
should not be- punished for a mere clerical
error by u court clerk
Little Johnny is nevertheless, determined to
seize all naturalization papers OF 1865 given in
the supreme and Superior Courts on which
persons offer 10 register
Judge Barrett yesterday granted an order.
returnahle on Monday, requiring Jeremiah
kerrigan. VIM Downs Thos Hallornn. and
be- compelled by mandnmus TO register the
name Of VIM. Clarke They are the Inspectors
Of Election OF the Twelfth Election District ~
the Second Assembly District. Clarke is 80
years OF nge. md was naturalized in the Supe-
rior Court in 1865 lie applied ON Wednesday
t. the Inspectors for registration. He showed
them his naturalization papers .whereupon they
session Of them, and the Inspectors refused TO
register him.