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Patterson, Janssen v...

882

Patterson, Rupple v.

220

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Pentlarge v. Beeston....
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Phalon v. The Hadji.....
Phoenix Ins. Co., Rumsey v....
Phoenix Ins. Co., Wood v......
Phoenix Ins. Co., v. Wulf.. 775
Pitts. & C. S. R. Co., Fifth Nat.
Bank v.....
Porter v. King..

.....

925

89

396

235

Quimby, Gilbert v.
Quirolo v. Ardito...........

111

283 Stauffer, First Nat. Bk. v...... 187 Steamboat H. C. Yeager, Marion B. & W. Co. v.... 285 Steamboat Saratoga, Andus v.. 730 Steamer Helen, Green v........ 916 Steamship Hindoo, Unnev ehr v. 6-7 Steamship United States....... 133 Steamship Utopia, Bunge v.... 892 Steamship Utopia, Zeismer v... 892 Steam-tug Adriatic, N. Y. & B. Ferry Co. v...... Steam-tug Adriatic, Shaler & H. Q. Co. v... 190 Steam-tug Bob Connell, Monon755 gahela Nav. Co. v........... Steam-tug Joseph Stickney, Bergen v...... 610 Stephenson v. Second Av. R. Co.

349
Shaw v. Scottish Com. Ins. Co.. 761
Sheldon, American D. B. R.
Co. v...
870
Sheldon v. Keokuk N. L. P. Co. 789
South. Minn. R. Co., Wells v... 270
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222
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United States v. L. M. C. & X.
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CASES

ARGUED AND DETERMINED

IN THE

United States Circuit and District Courts

In re APPOINTMENT OF "SUPERVISORS OF ELECTION" IN THE STATE OF DElaware.

(Circuit Court, D. Delaware. January 24, 1880.)

U. S. REV. ST. § 2011-WORD "REGISTRATION" CONSTRUED.-The word "registration" used in the U. S. Rev. St. § 2011, has a general, not a technical meaning, and indicates any list or schedule containing a list of voters, the being on which constitutes a prerequisite to vote, unless there is a system of registration described by act of congress, and applied by the act as the only registration of voters under the law. ASSESSMENT LISTS.-The Delaware assessment lists, made primarily by the assessors of the different hundreds, and completed by the levy courts of the different counties, are such lists, though they contain not only a list of voters, but of other persons besides.

REGISTRATION OF VOTERS EVIDENCE.-The registration of voters intended by the act of congress need not be conclusive evidence that the person registered is qualified to vote.

LIST OF VOTERS-REGISTRATION OF VOTERS.-The clerk of the peace, in Delaware, is required by the state statutes to make and certify, for the use of the inspector of the election, "an alphabetical list for each hundred, and election district where a hundred is divided into two or more election districts, of the names of all the free white male citizens of the age of twenty-one years and upwards, residing and assessed in such hundred or election district." Held, that such list is a registration of voters within the meaning of the above sections of the United States Revised Statutes. Constitutionality of the above statutes not decided.

v. 1, no. 1-1

Motion for the appointment of supervisors of election, under the Rev. St. §§ 2011-2015. The United States Statutes and the statutes of the state of Delaware, applying to the case, are set forth in the opinion of the court.

HON. EDWARD G. BRADFORD, U. S. District Judge, assigned by the circuit judge, (Hon. Wm. McKennan,) to perform and discharge the duties devolving upon him, presiding.

Anthony Higgins, for the motion.

George H. Baker and George Gray, Attorney General, contra. BRADFORD, J. The provisions of the United States laws which it is supposed covers this case are found in sections 2011, 2012, 2013, 2014 and 2015 of the Revised Statutes of the United States, and in these words:

or

"Section 2011. Whenever, in any city or town having upwards of 20,000 inhabitants, there are two citizens thereof, or whenever, in any county or parish, in any congressional district, there are ten citizens thereof, of good standing, who, prior to any registration of voters for an election for representative or delegate in the congress of the United States, prior to any election at which a representative or delegate in congress is to be voted for, may make known, in writing, to the judge of the circuit court of the United States for the circuit wherein such city or town, county or parish is situated, their desire to have such registration, or such election, or both, guarded and scrutinized, the judge, within not less than ten days prior to the registration, if one there be, or, if no registration be required, within not less than ten days prior to the election, shall open the circuit court at the most convenient point in the circuit.

"Sec. 2012. The court, when so opened by the judge, shall proceed to appoint and commission, from day to day and from time to time, and under the hand of the judge, and under the seal of the court, for each election district or voting precinct in such city or town, or for such election or voting precinct in the congressional district, as may have applied in the manner herein prescribed, and to revoke, change or renew such appointment from time to time, two citizens, residents of the city or town, or of the election district or voting pre

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