The Yale expositor., 1915-04-01

The information in this cause is filed
for the purpose of restraining the
Board of Election Commissioners of
the City of Yale, County of st. Clair
Michigan, from causing TO be placed
upon the election ballots to be voted
on April 5th, 1915, the name of the de-
fendant, Herbert 4. Hennessy, as a
candidate for the office of Mayor of
the City of Yale.
No question is made as to his proper
nomination and certification as such
candidate. The sole question raised is
that as to his citizenship. 1t is claimed
that he is not qualified elector, being
at the present time citizen of Canada.
1t is claimed on the other hand that he
is citizen of the state of Michigan.
The undisputed facts seem to be
these
Mr.. Hennessy was born in Canada.
His father was Arthur Hennessy, of
Strathroy, Canada His mother was
Mary Rapley of st. Clair county, Mich.
igan. AS to his fathers citizenship,
there is no positive proof in the case,
as to when or where he was born, or as to
whether or not he ever became or was
citizen of the United States, although
it would seem fair TO assume from the
facts that he lived in Canada and is
not shown to have ever been in the
United States; that he was a citizen of
Canada. He died in Canada when de-
fendant was six years old. Mary Rap.
ley, defendants mother, was born IN
st. Clair county, Michigan, lived here
| for time and then went to Canada
where she married Arthur Hennessy,
and lived with him there until the de-
| fendant was six years of age.
After her husbands death, she re-
turned to st. Clair county, Michigan
where she has since lived. She was
born a citizen Of the United States and
| it is the claim of the defendant that
! whatever may have been the ecitiZenship
other husband and even assuming that
| in going to Canada and marrying him
thus she became with him citizen of
Canada, that when she returned im-
mediately after his death aud made
her home in Michigan, remaining here
continuously until defendant, then six
years of age, became twenty and
afterwards, that she resumed her Amer
| lean citizenship, and that in doing so she
made an American Citizen of her son,
the defendant; that the defendant
has spent his life in Michigan
since he was six years old is not
disputed; when he became of age
some eighteen years ago he voted
in st. Clair county and that he has
voted there ever since. He has been
elected several times TO Office and has
always claimed citizenship here. AT
ter he was nominated for Mayor in
March of this year, his citizenship be.
ing questioned, he went to Detroit and
made application in the United states
Court to become citizen. In this APP
plication he stated that he was a sub
ject of King George.
To say the least, defendant Hen
nessy's claim to citizenship in Mich
gan 10 open TO grave doubt, but on
account of the fact that the time is too
short to give the question the full con-
sideration il merits, and because l am
convinced that no Court should inter
fere in case of this sort by injunction
without time for full and fair consid-
Grafton and review by higher Court,
unless the case is clear and free from
doubt, / have concluded to deny the
writ asked for, leaving the parties to
determine the matter in a proper
proceoding In the case OF fdefendsnt's
election. ~ he is not elected the
m after will have settled itself.
The opinion obtained from the At
torney General take ii, was based up