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22 June 1860. appeal, and to abide sentence thereon. On such appeal being taken and bond filed, the justice shall make a copy of the conviction and other proceedings in the case, and transmit the same, together with the recognisance, to the clerk of the criminal court.
186. In all prosecutions or indictments for libel instituted, or which may hereafter be instituted, in the District of Columbia, the truth thereof may be given in evidence, In suits for libel, under the general issue, as a justification of the alleged libel; and if it appear that the
the truth may be given in evidence.
matter charged as libellous was true, and was written or published with good motives and for justifiable ends, the defendant shall be acquitted.
25 Feb. 1865 1. 13 Stat. 439.
187. Each and every male person, excepting paupers and persons under guardianship, of the age of twenty-one years and upwards, who has not been convicted of any Who to be elect- infamous crime or offence, and excepting persons who may have voluntarily given aid
and comfort to the rebels in the late rebellion, and who shall have been born or naturalized in the United States, and who shall have resided in the said district for the period of one year, and three months in the ward or election precinct in which he shall offer to vote, next preceding any election therein, shall be entitled to the elective franchise, and shall be deemed an elector and entitled to vote at any election in said district, without any distinction on account of color or race.(a)
188. Any person whose duty it shall be to receive votes at any election within the District of Columbia, who shall wilfully refuse to receive, or who shall wilfully reject, the vote of any person entitled to such right under this act, shall be liable to an action of tort by the person injured, and shall be liable, on indictment and conviction, if such act was done knowingly, to a fine not exceeding five thousand dollars, or to imprisonment for a term not exceeding one year in the jail of said district, or to both.
189. If any person or persons shall wilfully interrupt or disturb any such elector in the exercise of such franchise, he or they shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in any sum not to exceed one thousand dollars, or be imprisoned in the jail in said district for a period not to exceed thirty days, or both, at the discretion of the court.
8 Jan. 1867 21. 14 Stat. 375.
Ibid. § 2. Penalty for refusing votes of qualified electors.
Ibid. 3. For interfering with electors.
Ibid. 4. Duties of the courts.
191. The mayors and aldermen of the cities of Washington and Georgetown, respectList of voters to ively, on or before the first day of March, in each year, shall prepare a list of the persons they judge to be qualified to vote in the several wards of said cities in any election; and said mayors and aldermen shall be in open session to receive evidence of the qualification of persons claiming the right to vote in any election therein, and for correcting said list, on two days in each year, not exceeding five days prior to the annual election for the choice of city officers, giving previous notice of the time and place of each session in some newspaper printed in said district.
192. On or before the first day of March, the mayors and aldermen of said cities shall post up a list of voters thus prepared in one or more public places in said cities, respectively, at least ten days prior to said annual election.
Ibid. 26. To be posted.
Ibid. 27. Duties of election officers.
190. It shall be the duty of the several courts having criminal jurisdiction in said district, to give this act in special charge to the grand jury, at the commencement of each term of the court next preceding the holding of any general or city election in said district.
Ibid. 29. For accepting bribes.
193. The officers presiding at any election, shall keep and use the check-list herein required, at the polls, during the election of all officers; and no vote shall be received unless delivered by the voter in person, and not until the presiding officer has had opportunity to be satisfied of his identity, and shall find his name on the list, and mark it, and ascertain that his vote is single.
Ibid. 8. Penalty for
194. It is hereby declared unlawful for any person, directly or indirectly, to promise, offer or give, or procure or cause to promised, offered or given, any money, goods, right bribery of elect in action, bribe, present or reward, or any promise, understanding, obligation or secu
rity for the payment or delivery of any money, goods, right in action, bribe, present or reward, or any other valuable thing whatever, to any person, with intent to influence his vote to be given at any election hereafter to be held within the District of Columbia; and every person so offending shall, on conviction thereof, be fined in any sum not exceeding two thousand dollars, or imprisoned not exceeding two years, or both, at the discretion of the court.
195. Any person who shall accept, directly or indirectly, any money, goods, right in action, bribe, present or reward, or any promise, understanding, obligation or security for the payment or delivery of any money, goods, right in action, bribe, present or
(a) See infra 202.
reward, or any other valuable thing whatever, to influence his vote at any election 8 January 1867. hereafter to be held in the District of Columbia, shall, on conviction, be imprisoned not less than one year, and be for ever disfranchised.
14 Stat. 390.
196. Any person not duly qualified to vote in the District of Columbia, who, know- 5 Feb. 1867 31. ing that he is not so qualified, shall vote or offer to vote therein, or who shall procure or attempt to procure himself to be registered therein as a voter, shall be punished by imprisonment not exceeding six months, and not less than two months.
Penalty for vot ing by an unqualified person. Ibid. 22.
197. If any person, being a qualified voter in said district, shall knowingly vote or attempt to vote in any other ward or election precinct than that in which he shall be For illegal voting lawfully entitled to vote, or shall unlawfully and knowingly vote or attempt to vote by a qualified more than once, or in more than one ward or election precinct, or shall so vote double therein, he shall be punished by imprisonment not exceeding six months and not less than two months, and shall be disqualified from voting thereafter in said district.
Ibid. ¿ 3.
198. There shall be five judges of elections within and for the city of Washington, and three within and for the city of Georgetown, the same to be appointed by the Election judges. supreme court of the District of Columbia, who shall hold their offices for two years and until their successors shall be appointed and qualified; and whose duty it shall be, prior to each election, to prepare a list of the persons qualified to vote in the several wards of said cities in any election; and said judges shall be in open session in their Correction of respective cities, to receive evidence of the qualifications of persons claiming the right to vote in any election therein, and for correcting said lists, on two days, not exceeding five days prior to each election for the choice of city officers, giving prior notice of the time and place of each session in some newspaper.(a)
199. Prior to said election, the said judges in the respective cities shall post up a list of voters thus prepared in one or more public places in said cities, and at least ten Corrected list to days prior thereto. be posted.
200. That the corporations of the cities of Washington and Georgetown, District of Columbia, be and the same are hereby required to pay, or cause to be paid, all necessary expenses, including printing, clerk hire, room rent, stationery and a per diem Payment of comcompensation to each of the judges of election in the respective cities, appointed under election officers, the act of congress entitled "An act to punish illegal voting in the District of Colum- &c. bia, and for other purposes," approved February 5th 1867, of five dollars per day for every day they shall be actually employed in the discharge of their duties; and the certificate of the judges of election of either city, or a majority thereof, of the correctness of any account arising out of the action of said judges, shall be deemed sufficient to constitute the same a legal debt against the city to which the judges so certifying shall belong. And it shall be lawful for any of the said judges of election to administer oaths in all cases relating to the duties assigned them by law; and any person wilfully making a false statement, under oath, before any of said judges, shall be deemed guilty of perjury, and on conviction thereof, shall be subject to imprisonment for the term of not less than one nor more than five years.
29 Mar. 1867 3
21. 15 Stat. 27.
201. The judges of the supreme court of the District of Columbia shall appoint three commissioners of election in each voting precinct in said cities of Washington and Commissioners Georgetown, who shall hold their offices for two years and until their successors are of election. appointed and qualified; whose duty it shall be to take charge of the ballot-boxes at the polls at each election, to receive and deposit in said boxes the ballots of legalized voters in their respective precincts, to count the votes after the polls are closed, and declare the result, and make returns thereof as now provided by law. And the said Their powers and commissioners of election shall receive the votes of all persons whose names are on the list of voters in said precinct, prepared by the judges of election aforesaid, and none others; they shall have power to administer oaths, and to examine persons offering to vote, and other witnesses as to the identity of voters, and shall receive from their respective cities the same compensation for their services as is now paid to the commissioners of election in said cities; and any person swearing falsely relative to the same shall be deemed guilty of perjury, and shall, on conviction thereof, be subject to imprisonment for the term of not less than one nor more than five years.
15 Stat. 62.
fications of elect
202. That the first section of the act entitled "An act to regulate the elective fran- 28 May 1868 6. chise in the District of Columbia," passed January 8, 1867, be and the same is hereby amended so as to require electors in the city of Washington to reside in the ward or Additional quali election precinct in which they shall offer to vote fifteen days prior to the day of any ors. election, instead of three months: Provided, That said section shall not be construed as conferring the elective franchise in said city on non-commissioned officers, soldiers, sailors or marines in the regular service of the United States, stationed or on duty in
(a) See infra 200.
said city, except such as may have become actual residents with their families in said city for one year previous to any election: Porvided further, That no person claiming to be a naturalized citizen shall be registered as an elector, nor shall the name of any such person be retained on the list of voters, without the production of his naturalization papers, or duly certified copies thereof, or satisfactory proof of the loss of the same. And for the purpose of correcting said list as regards the aforesaid classes of persons, and in all other respects, the judges of election shall meet in some proper place in said city between the hours of nine o'clock A. M. and seven o'clock P. M., on three days instead of two days, as now required: Provided further, That all the original lists of voters both before and after their correction shall remain in the custody of the member of the board of judges first named in their appointment by the supreme court of the District of Columbia; and, in the event of his removal or resignation, in the custody of his regularly appointed successor, except when being copied for publication and for the use of the commissioners of elections; and said original lists shall at all times be Qualification of open for the use and inspection of either of said judges: Provided further, That no
property qualification shall be required for any of the officers of said city, and that three days prior to any election, each board of commissioners of election shall appoint two clerks to assist them in registering the names of voters in their respective election precincts, and in making returns of the elections, who shall be sworn before the clerk of the supreme court of said district truly and faithfully to perform their duties, and for any misconduct in office be subject to the same penalties to which said commissioners are now subject: And provided further, That it shall be the duty of the judges of election to make any regulations and give any notice which may be proper or necessary to carry out any of the provisions of this section.
203. Whenever any person has received or shall hereafter receive a certificate from the register of the city of Washington, based upon satisfactory evidence furnished by the commissioners of election, notifying him of his election to any elective office of said city, the person receiving such notification shall be entitled to enter upon the discharge of the duties of his office; and the certificate of the register shall be primâ facie evidence of his election to, and right to discharge the duties of said office.
28 May 1868.
Correction of lists.
27 June 1868 1. 15 Stat. 81.
Certificate to be primâ facie evidence of election.
Ibid. § 2. Penalty for obstructing person holding certifi
Ibid. § 3. 5 Jurisdiction of supreme court.
Ibid. 4. How contested elections to be tried.
25 July 1866 2 1. 14 Stat. 232. Certain sales to be valid.
204. Any person who shall hinder or obstruct a person holding the certificate of election mentioned in the foregoing section, from entering upon or discharging the duties of such office, shall be deemed guilty of a misdemeanor, and upon conviction thereof, in any court of competent jurisdiction, shall be fined in any sum not exceeding one thousand dollars, or be imprisoned in the county jail not exceeding six months, or both said punishments, in the discretion of the court.
204. The supreme court of the district of Columbia, or any judge thereof, shall have jurisdiction to enforce, by mandamus or otherwise, the right of any person holding the certificate mentioned in the first section of this act.
206. Any person who claims, or shall hereafter claim, to be elected to any elective office in said city, may commence proceedings before the said supreme court of the District of Columbia, by petition setting forth the facts upon which he relies, and shall serve a copy on the incumbent or person who has received the certificate of election; and the person so served shall make answer to said petition within five days; and said court shall thereupon try the rights of the parties to said office in a summary manner; and for that purpose a special session shall be called and held whenever necessary for the purposes of such trial; and the decision of said court in any case so brought before it shall be final and conclusive. And when the legal organization of the board of aldermen or board of common council shall be delayed, on account of any contest in relation to the election of any member of either of said boards, the mayor of said city is hereby authorized to make temporary appointments of all subordinate officers, whose appointment or election is authorized by the said mayor and members of said boards under existing laws, to continue until said boards shall be legally organized.
XXV. MISCELLANEOUS PROVISIONS.
207. That the thirty-fourth section of the declaration of rights of the state of Maryland, adopted 1776, so far as the same has been recognised and adopted in the District of Columbia, be and the same is hereby repealed and annulled, and that all sales, gifts and devises prohibited by the said section, or by any law passed in accordance therewith, shall be, when hereafter made, valid and effectual: Provided, That, in case of gifts and devises, the same shall be made at least one calendar month before the death of the donor or testator.
1. Department of education.
2. Duties of commissioner.
3. Annual reports.
14 Stat. 434.
1. There shall be established, at the city of Washington, a department of educa- 2 March 1867 ? 1. tion, (a) for the purpose of collecting such statistics and facts as shall show the condition and progress of education in the several states and territories, and of diffusing Department of such information respecting the organization and management of schools and school systems, and methods of teaching, as shall aid the people of the United States in the establishment and maintenance of efficient school systems, and otherwise promote the cause of education throughout the country.
2. There shall be appointed by the president, by and with the advice and consent of Ibid. 2. the senate, a commissioner of education, who shall be intrusted with the management Duties of com of the department herein established, and who shall receive a salary of four thousand missioner. dollars per annum, (a) and who shall have authority to appoint one chief clerk of his department, who shall receive a salary of two thousand dollars per annum, one clerk who shall receive a salary of eighteen hundred dollars per annum, and one clerk who shall receive a salary of sixteen hundred dollars per annum, which said clerks shall be subject to the appointing and removing power of the commissioner of education.(b)
3. It shall be the duty of the commissioner of education to present annually to congress a report embodying the results of his investigations and labors, together with a statement of such facts and recommendations as will, in his judgment, subserve the purpose for which this department is established. In the first report made by the commissioner of education under this act, there shall be presented a statement of the several grants of land made by congress to promote education, and the manner in which these several trusts have been managed, the amount of funds arising therefrom, and the annual proceeds of the same, as far as the same can be determined.
4. The commissioner of public buildings is hereby authorized and directed to furnish proper offices for the use of the department herein established.
15 Stat. 106.
5. The department of education shall cease, and there shall be established and 20 July 1868 3 1. attached to the department of the interior an office to be denominated the office of education, the chief officer of which shall be the commissioner of education, at a salary of three thousand dollars per annum, who shall, under the direction of the secretary of the interior, discharge all such duties, and superintend, execute and perform all such acts and things touching and respecting the said office of education as are devolved by law upon said commissioner of education.
4. Offices to be provided.
5. Transferred to department of the interior.
[See DISTRICT OF COLUMBIA, XXIV.]
1. Federal officers not to interfere in state elections. Military officers not to prescribe qualifications of voters. Penalty for violation.
(a) See infra 5.
(b) The act 3 March 1869 15 Stat. 291. provides for two clerks of class one; who, by act 10 April 1869, are to be appointed by
Transferred to department of the interior.
2. Penalty for interfering with state elections.
not to interfero
1. It shall not be lawful for any military or naval officer of the United States, or other person engaged in the civil, military or naval service of the United States, to order, bring, keep or have under his authority or control any troops or armed men, at Federal officers the place where any general or special election is held in any state of the United States in state elections. of America, unless it shall be necessary to repel the armed enemies of the United States, or to keep the peace at the polls. And that it shall not be lawful for any officer of the Military officers army or navy of the United States to prescribe or fix, or attempt to prescribe or fix, by qualifications of proclamation, order or otherwise, the qualifications of voters in any state of the United voters. States of America, or in any manner to interfere with the freedom of any election in any state, or with the exercise of the free right of suffrage in any state of the United States. Any officer of the army or navy of the United States, or other person engaged in the civil, military or naval service of the United States, who violates this section of this act, shall, for every such offence, be liable to indictment as for a misdemeanor, in
25 Feb. 1865 2 1.
13 Stat. 437.
the secretary of the interior; and all other laws, authorizing the appointment of clerks in the department of education, are thereby repealed. 16 Stat. 13.
25 February 1865. any court of the United States having jurisdiction to hear, try and determine cases of Penalty for vio- misdemeanor, and on conviction thereof shall pay a fine not exceeding five thousand dollars, and suffer imprisonment in the penitentiary not less than three months nor more than five years, at the discretion of the court trying the same; and any person convicted as aforesaid shall, moreover, be disqualified from holding any office of honor, profit or trust, under the government of the United States: Provided, That nothing herein contained shall be so construed as to prevent any officers, soldiers, sailors or marines, from exercising the right of suffrage in any election district to which he may belong, if otherwise qualified according to the laws of the state in which he shall offer to vote.
1. Errors and appeals in cases of patent and copyright.
2. United States may appeal without security. Payntent of
18 Jan. 1861 1. 12 Stat. 130.
3. Bail in error, în criminal cases. Precedence of such cases. 4. Error to the state courts. Citation. Judgment and execu tion. Exceptions.
Errors and appeals in cases of patent and copyright.
2. Any officer or person in the military or naval service of the United States, who shall order or advise, or who shall directly or indirectly, by force, threat, menace, intimidation or otherwise, prevent or attempt to prevent any qualified voter of any state of the United States of America from freely exercising the right of suffrage, at any general or special election in any state of the United States; or who shall in like manner compel, or attempt to compel any officer of an election in any such state to receive a vote from a person not legally qualified to vote; or who shall impose or attempt to impose any rules or regulations for conducting such election different from those prescribed by law, or interfere in any manner with any officer of said election in the discharge of his duties; shall for any such offence be liable to indictment as for a misdemeanor, in any court of the United States having jurisdiction to hear, try and determine cases of misdemeanor, and on conviction thereof, shall pay a fine of not exceeding five thousand dollars, and suffer imprisonment in the penitentiary not exceeding five years, at the discretion of the court trying the same; and any person convicted as aforesaid shall, moreover, be disqualified from holding any office of honor, profit or trust under the government of the United States.
3. Any register in bankruptcy or notary public, resident in a congressional district the right to represent which is contested, is hereby authorized to take the testimony and to perform any of the other acts which a judge of any court of the United States is authorized to do, by the third section of an act entitled "An act to prescribe the mode of obtaining evidence in cases of contested elections," approved February 19th 1851.(a)
21 Feb. 18631. 12 Stat. 657. United States may appeal without security.
Errors and Appeals.
[See CRIMES, 75.]
13 July 1866 69. 14 Stat. 172. Bail in error, in criminal cases.
5. Certain appeals and writs of error to be valid.
6. When the district judge may dispose of appeals in the circuit court.
7. Error in revenue cases.
8. United States may appeal to circuit court, without security
2. Whenever any writ of error, appeal or other process in law, admiralty or equity shall issue from or be brought up to the supreme court of the United States, (b) either by the United States or by direction of any department of the government thereof, no bond, obligation or security shall be required from the United States, or from any party acting under the direction aforesaid, by any judge or clerk of court, either to prosecute Payment of costs. said suit or to answer in damages or costs. In case of an adverse decision, such costs
as by law are taxable against the United States, shall be paid out of the contingent fund of the department under whose direction the proceedings shall have been instituted.
1. From all judgments and decrees of any circuit court rendered in any action, suit, controversy or case, at law or in equity, arising under any law of the United States granting or confirming to authors the exclusive right to their respective writings, or to inventors the exclusive right to their inventions or discoveries, a writ of error or appeal, as the case may require, shall lie, at the instance of either party, to the supreme court of the United States, in the same manner and under the same circumstances as is now provided by law in other judgments and decrees of such circuit courts, without regard to the sum or value in controversy in the action.
3. Whenever a writ of error shall be issued for the revision of any judgment or decree in any criminal proceeding, where is drawn in question the construction of any statute of the United States, in a court of any state, as is provided in the 25th section of an act entitled "An act to establish the judicial courts of the United States," passed (b) See infra 7.
(a) 1 vol. 254, pl. 16.