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Carpenter V. Cornish

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Carpenter V. Cornish lNDBX. PAGID. Writ of Error. 1 Return ............................ : . 2 01;der Discharging Rule to Show Cause . 3 Petition Alleging Diminution. 5 Writ of Certiorari.... 7 Petition for Mandamus.. 9 Order to Show Cause. 13 Proofs . 16 Agreed State of Facts. 21 Opinion of Supreme Court. 22 Assignment of Errors . 32 2\T otice of Argument. 34 Writ of Error. :NEW JERSEY) 88. The State of New Jersey to the Chief (L. s.) Justice of our Supreme Court of Judi­ cature, GREETING: 10 For as much as in the record and proceedings, and also in the order discharging the rule to show cause why a writ of mandamus should not issue to compel Charles A. Cornish, Frederick Richter, Arthur N. Swenson and Walter Holmes, members of the Board of Registry and Elections in Passaic Township, .south-. ern division, to allow Harriet F. Carpenter to register as a qualified voter in said Township, which was in our said Supreme Court of Judicature, before you, wherein said Harriet F. Carpenter was prosecutor, ~o and Charles A. Cornish, Frederick Richter, Arthur N. Swenson and Walter Holmes, members of the Board of Registry and Elections in Passaic Town­ ship, southern division, were defendants, manifest error hath intervened, to the great damage of the said prosecutor, as it · is said; we being willing that the error, if any there be, should, in due manner, be cor­ rected, and full and speedy justice done to the parties aforesaid in this behalf, do command you, that if judgment be thereupon given and affirmed, then you distinctly and openly send, under your seal, the rec­ ;w ord and proceedings aforesaid, with all things. touch­ ing the same, to our judges of our Court of Errors and Appeals in the last resort in ~11 causes, at Tren­ ton, forthwith, together with this writ, that the rec­ ord and proceedings aforesaid being inspected, we may cause to be further done thereupon, for correct­ ing that error, what of right, and, according to the law and custom of the State of New Jersey, ought to be done. H) Return. Witness, our Chancellor, and President Judge, of our said Court of Errors and Appeals, at Trenton aforesaid, the twenty-seventh day of April, nineteen hundred and twelve. DAVID S. CRATER, Clerk. MARY ·PHILBROOK) Attorney. 10 Return. The answer of the Justices of the Supreme Court of the State of New Jersey, within named. The rec­ ord and proceedings whereof mention is withi:J?- made, with all things touching and concerning the same, ~O we do certify to the Court of Errors and Appeals of said state, in a certain schedule to this writ annexed, as within we are commanded. WM. S. GUMMERE, 0. J. (SIML) Endorsed: "Filed, May 2, 1912, DAVIDS. CRATER) Clerk/) :-rn 4 () 3 Order Discharging Rule to Shotc Canse. Order Discharging Rule to Show Cause. New jersey Supreme Conn. Of the February Term, Ninteen Hundred and Twelve. 10 'l".HE STATE) em rel) HARRIET F. CARPENTER) Prosecutor·) \ On vs. ( illandamus. CHARLES A. CORNISH) et a.Zs) Defen.da.n .ts. 2ll A rule to show cause having been granted by the Supreme Court in the above entitled cause, wherein. Charles A. Cornish, Frederick Richter, Walter N. Holmes and Arthur N. Swenson, members of the Board of Registry and Elections of Passaic Town­ ship, southern division, were directed to show cause, on Tuesday the eighth day of November last, before the Supreme Court at Trenton, why said Harriet F. Carpenter should not be allowed to register in said Township as a qualified voter. And it appearing that pursuant to the terms of said ~w order and leave, granted for that purpose in open . court, that affidavits were taken substantiating the facts stated in the petition herein, as well as stipula­ tion of facts agreed upon between the parties hereto were presented to said Supreme Gourt at 'l"renton, and the pleadings and proof having been read, and the argument of counsel having been considered, and it appearing to the Court that said Harriet F. Car­ penter is not a qualified voter under the constitution 4U 4 Order Disc·harging Rule to Show Cait,Se. and laws of the State of New Jersey, and is not en­ titled to be registered as such. It is thereupon, on this day of April, nineteen hundred and twelve, ordered that said rule to show cause be discharged. Entered)in the minutes, April 23, 1912, on motion of MARY PHILBROOK, A.ttorney of Prosecutor. 10 I, WILLIAM RIKER_, JR.) Clerk of the Supreme Court of the State of New Jersey, do certify that the fore­ go~ng is a true copy of a· rule entered in the minute~ of the court in the above stated cause. In testimony whereof, I have set my hand and the seal of said Court at (SBAL) Trenton, this twenty-ninth day of April, A. D., nineteen hundred and· twelve. WM~ RIKER, JR.) _ Clerk. 5 Prtition j'o1· \V'rit of Certiorari. Petition for Writ of Certiora ri. New Jersey Court of Errors and Appeals. HARRIET F. CARPENTER) Plaintiff) f Petitidn for 10· vs. TVrit of CHARLJDS A. CORNISH, et als) 0 ertiorarri. Uefendants. To the Judges of our sadd New Jers'ey Court of Errors and Appeals: Your petitioner, Harriet F. Carpenter, respectfully shows that she has taken out a writ of error · in the above entitled cause directed to the Supreme Court :2 0 of the State of New Jersey, and that in compliance therewith, the said Supreme Court has returned the second day of May, nineteen hundred and twelve the orde1~ for dh~rhargfog the rule to 8hQw cause in the alwve entitled cause. Your petitioner respectfully shows t hat this is in diminution, and that it is necessary to bring up the record in said case, to wit, the petition and order to 8how cause, the proof of service of the. order to show ea use; the stipulations of facts agreed upon, and the ~:W specification of determination filed· in the office of the said Supreme Court. Your petitioner therefore prays that the writ of ·certiorari be issued out of this honorable court di­ rected to the Justices of the Supreme Court of the State of New Jersey, directing the;m to send up to this court the above described papers. Your petitioner will ever pray, etc. MARY PHILBROOK, Counsel f01· Plafotiff in Error. 40: 6 Petitio1i for lT'rit of Cc1·tioruri, STATE OF NEW JERSEY_, } SS. C OUN'l~Y OF E SSEX. Mary Philbrook, being duly sworn acording to law, on her oath says, that she is counsel for Harriet F. Carpenter, and has read the foregoing petition and the same is true. MA~Y PHILBROOK. l 0 Subscribed and sworn to before me, this 28th day of May, 1912. WM_. J. BLAIR) Attorrney at Lau; of New Jersey. Filed, May 29, 1912, DAVID S. CRATER_, Clerk. ao 4C~ 7 Wr1it of Oertiorarri. Writ of Certiorari. NEW JERSEY) 88~ The State of New Jersey, to our Jus­ (L. S.) tices of our Supreme' Court, GREE'f!NG: We being willing, for certain reasons, to be certi- fied of a certain judgment of the New Jersey Supreme Court, rendered at the February term of said New 10 Jersey Supreme Court in the year of our Lord, one thousand and nine hundred and twelv;e, whereby -a judgment. of Supreme Court in the suit of Harriet F. Carpenter, p-laintiff, and Charles A. Cornish, Fred­ erick Richter, Arthur N. Swenson and Walter Holmes, members of the Boa~d of Registry and Elec­ tions in Passaic Township, southern division were defendants, We do co:mma.nd you, that a transcript of the rec- _ ord in said case in the Supreme Court on :file in the ~O New Jersey Supreme Court, to wit, the petition of, or -the writ of mandamus; the order to show eause grant- ed thereon and the proofs of service thereof; the stip­ ulation of facts agreed upon, the speci:ficatiori of de­ termination :filed therein and the order discharging the rule to show cause made by said Supreme Court, together with all things touching and concernip.g the same, as fully ai;td entirely as before you they re­ main, to our J U:stices of the said Court of Errors and Appeals, at Trenton, on the :fifth day of June,. you ao certify and send together with this writ that therein may be done, what of right and according to the laws of this state, should be done. Witness our chancellor ·and president judge of our said Court of Errors and Appeals, at Trenton afore­ said, the twenty-eighth day -of May, nineteen hundred and twelve. DA, VID S. CRATER, Clerk. 40 lV rit of Gertiorarri. I do herewith send to the Court of Errors and Appeals the proceedings ns (SEAL) within commanded. under the seal of Supreme Court of New Jersey, and my hand. Dated, May 31st, 1912. WM. RIKER, JR. to 40 ~ Pct-it ion for Jf anda.mus. Petition for Mandamus. NEW JERSEY SUPREME COURT. 'Po Hon.arable Oharrles 1V. Parker, ~Tustice of the New .Jersey Supreme Gou.rt: The petition of Hai·riet F. Cai·pentt:'r r espectfully 1 () shows that she is now, and has been, for the past five year~ and upwards, a resident of Stirling, in the 'l"ownship of Passaic, Morris County, New Jersey, and that she is the owner in her own right of real estate at Stirling aforesaid, above the value of one thousand dollars) and that she has paid all the taxes due on Raid property.
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