Year: 1870

to Permit the Applicant to Register.
State ex. rel r. McGrath vs. James L.
Houston, assistant supervisor of registra-
tion.-ln this case. Judge Dibble, OF the
Eighth District Court, yesterday delivered
a lengthy opinion, which concludes as
follows:


1t is rule, broadly stated and fully set
tied, that the writ OF mandanlus will not
issue to compel an executive or a ministe
rial officer to perform an act when the law
has vested him with discretionary powers
There are duties required of these supe-
riors which are doubtless discretionary: but
has the officer absolute discretion! | think
not. The following section of the act re-
fers to the registration of naturalized citi
Zens


SECTION %. Be it further enacted, etc.
That every person of foreign birth. claim
ing the right to be registered, shall, in adtli-
ton to the proof of residence, prove that
he has been naturalized conforlnably 10 the
laws of the United States; and as evidence
thereof he shall produce certificate Of
naturalization, under the seal OF the court
in which naturalization took place, duly at
tested bv the clerk Of said court, in his own
proper Handwriting and shall prove by the
oath of qualified eleetor OF the election
precinct that he is the person named in the
said certificate, and the person to whom it
was issued: and shall further answer upon
oath to the satisfaction Of the supervisor or
assistant supervisor Of registration before
whom the said certificate may be produced,
when and where he was born, and when and
where he obtained the certificate, and from
whom. and the said certificate shall not be
evidence that the person presenting it is
naturalized citizen, unless his answers be
consistent with the facts certified, and the
proof of his identity be satisfactory to the
supervisor or assistant supervisor of regis
tratiOn, but not otherwise; he shall register
the name of the claimant on the registra-
tion books, and shall stamp or write on the
said certificate Of naturalization the word
"registered,' with the numb and precinct
of the ward or parish and the date of reg
istry.


BY this section it is provided that a person
of foreign birth must first prove his resi-
dence. Here the supervisor has discre-
tionary powers to weigh and pass upon the
sutficiency of proof as to residence. In ad-
dition the applicant must prove he has been
naturalized. But howe


The character of this evidence is defined,
and it's sutfciency is taken out of the discre-
ton of the officer. There must be duly
attested naturalization certificate. Such a
certificate, issued by a court having power
to render such Judgment, and at time
when such a judgment may be rendered,
imparts absolute verify, and no ministerial
officer has power to go back OF the judg
ment to examine the suffcency OF the evi-
dence upon which the court passed upon the
claim of citizenship. In respect to the regis
tiOns of qualification and identity having
been disposed Of the function of the super
visor is merely ministerial.


This is case for the relief sought. i is
therefore ordered that a writ OF mandamns
issue as prayed for, and that respondent
pay costs.


Eighth District Court.


State ex rel. Thomas H Barton vs. Adj
minstrator of Floating Debt-ln this case
Judge Dibble yesterday morning delivered
an opinion. 1t concludes:


The city is willing to exchange itS bonds
mt the market rate. which rate is determined
by the demand. This is as much as ought
to be demanded OF prudent administra-
tor.


But it is insisted by REALTORS counsel that
if their Interpretation ls not followed. the
creditors of the city will be without Il rem
edy to enforce their contracts against the
corporation. For, they say. the act number
five, hereinbefore cited, deprives them of
the right of issuing execution against the
property OF the city But that act provides
another remedy: whether that remedy is
sufficient to take the statute ont OF the i'm
putatiOn of being obnoxious to that consti-
tutional inhibition which forbids the pas
sage of law impairing the obligation of a
contract will arise if any one should at
tempt to issue execution against the inter
venOr.


With the policy OF leaving these creditors
of the floating debt at the mercy of the ad-
ministrator Of the city government have
nothing to do. The Interpretation of the
law, which ! have given, seems the only
one which can be gathered from the Ian
guage of the statute without warping it; it
does not bring the law in conflict with any
constitutional inhibition. 1t is ordered, adj
Judged and decreed that the writ of manda-
mus prayed for be refused at relators' costs.