New-York tribune., 1880-10-12
GENERAL POLITICAL NEWS
REGIsTRATIoN TROUBLES.

REGISTRATION lhOJDLIo'
THE EFFORT TO REMOVE MR. DAVENPokf Hor soO-
cEssFUL-JUDICIAL OPINION Oh THE iNSiho0-
TIoNs. H..
The United States District Court rooin Ia "i',on
rrd,os Rlotobford and Choate presided yesterday
80 hoor tho motion of Messrs Anderson and Win
pate for the removal of Chief supervisor
Jobn l. Davenport from Office, was
crovded all day. and deep interest was
manifested in tho proceedings. Mr. Davenpof'
was accompanied by bis counsel, e. W. Stonghtoh
Ehbn Root and Assistant United States DlsIlcI-
Attorney Herrick The petition under wnich 'he
nroceeding was taken set forth the Instructions
issued by Mr. Davenport to Supervisors oil iiec'ols
and claimed that they were not IOuu"e"
on law blr. Davenport shoud De re-
moved from Office unfaithiul ana Incapa'ie
The answer to the charges was read by MI ROOT !,
overrcd that the same instructions had been issued
TO the Supervisors IN 1874, and In every year Vi
Congressional elections since then, aud tbat Deioic
issuing them he had submitted them to the onlteu
States Attorney and to the Circuit Court Judge ior
their approval.
Mr. Anderson. in presenting the case to the
Court. cunteuded that the instructions were hoI
permitted or required by any thing which appears
in the statutes Mr. Root said that the motion
should be denied, because it was not even alleged
that the instructions were issued in bad faith or
with intent to produce a breach OF the peace. lie
rereyieyy cd the laws under which Mr. Davenport
had acted and argued that there was nothing III the
instructions which showed him to be either IN
capable or uniaitbiul.
MIR. Stoughton also spoke on behalf Of Mr.. Daven-
port lie first read an affidavit made by Dir. DaV-
enport which set forth that for ten years he bad
devoted his time to the Investigation OIL so-ciled
nauralizations in the Supreme ana Superior Courts
sfisatn had
issued by one Judge in the Supreme Court between
October . and %, 1868; that IN
one day, in session OF the
eourt extending over five hours, $500 certificates
were issued by one Judge Mr.. Wingate then re-
plied. after which Judge Batchiord announced
that the Court was prepared to decide the matter.
his colleague concurring with him. He said III
effect:
We do not think that a has been made out for the
removal Of Mr. Davenport under the peution Inc IN
striction. are the same as issued In previous
wears with The proya OF the DlstrctAttCrDey ana
Judge Woodruff There is evidence OF lack OF good
aith ON Mn DayeupOrts part. IA 10 the Instructions,
we have asked to express an opinion We deem IL
| the views OF thr Court and without making any order
Whatever regarding them We consider the Instructions
| tner,. is anything them 10 interfere with the
| Drerogalive and business Of the Inspector. Iney
are 10 decide all questions naturalization, and II
they do Improperly the remedy Is In the state Courts
| VIZ We think sufficient is shown To warrant an III
| ouIry into the 1868 papers.
| The questions IN me Instructions proper. The In
| strnctIon You Will See such persons are not
allowed to egser, does not meau tha the supervisor
IA 10 seize the papertO tear 1t out or me hanos OF
| toe person off ring It, IL means that ne Is
| 10 sec by proper means that the Inspector
does not re giser the The NJ x proposition Is tbat
ne Will take from him his certificate OF naturazdii0n
That rart of this recOn regard as not 10 be sls
taned or supported. We regard 1t as tending TO a
br-ach OF the peace and totally unauthorized Ii the
man is arrested by Marshal for Illegal registering, or
attempting to register. and III connection with that
arrest fe incu pating certcate Is taken with the per-
son to a magistrate, that may be proper proceeding