Chapter XVII. * relating to contested Elections in the City of Washington, District of Columbia.*June 27, 1868. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That whenever any person hasPersons receiving a certificate of election from register of
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CHAP. XVII.— An Act * relating to contested Elections in the City of Washington, District of Columbia.*June 27, 1868. *Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled*, That whenever any person hasPersons receiving a certificate of election from register of city of Washington, to be entitled to enter upon duties of office. 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 prima facie evidence of his election to, and right to discharge the duties of, said office.
Sec. 2. *And be it further enacted,* That any person who shall hinderPenalty for hindering or obstructing such persons from entering upon or discharging duties of office. 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 sura 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.
Sec. 3. *And be it further enacted,* That the supreme court of the DistrictRights of persons holding certificates may be enforced by mandamus. 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. Sec. 4. *And be it further enacted,* That any person who claims, orPersons claiming to be elected to any office in city of Washington, may apply to supreme court of District, &c. 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 rightsProceedings. 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 onMayor may make temporary appointments, when legal organization of certain boards is delayed. 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 boards82under existing laws, to continue until said boards shall be legally organized.
SCHUYLER COLFAX, *Speaker of the House of Representatives*. B. F. WADE, *President of the Senate pro tempore*. Indorsed by the President: “Received June 16, 1868.” [Note by the Department of State.—The foregoing act having been presented to the President of the United States for his approval, and not having been returned by him to the House of Congress in which it originated within the time prescribed by the Constitution of the United States, has become a law without his approval.]