Herald of the times, and Rhode Islander. [volume] (Newport, R.I.) 1846-1849, 1847-09-16


mentioned in our last of some irresulariiy in
the call, or proceedings Of the town meeting in
/ Glocester, which would make it pro, er for the
General Assembly TO reject the votes Of that
town in counting the returns Of the recen, E.
lection TO Congress in the Western District,
seems, in good measure, confirmed by
statement in the Providence Journal of the oh
inst, though we do not exactly understand the
law as explained by the Journal. The Journal
states, that the irregulariiy consists in not Civ
ing the ten days notice required by law, and
also that the notices posted up named o'clock
p NJ, and not 10 A. NJ, which the statute pre-
scribes as the hour !or opening the meeting. II
states also, that some ofihe notices were corrected
IN this respect in less than ten days from the date
of the meeting, but that others were not correct
ed at all. The 25th sec. of the act to regulate The
election of civil officers makes it imperative on
the towns, that town meetings for the election Of
Representatives TO Congress and other officers
enumerated in the section, be opened at 10 A. M.
But neither the resolution OF the General Assem-
bly ordering neweection Tor Representative
we are aware of, makes it necessary that ten
days notice be given of The town meetings d-
reced TO be held under that resolution. The
manner Of notifying town meetings Of every
description is regulated by Section llh Of the
act declaring towns to be bodies corporate,
&c. p. POS. This section though il direct the
town clerk TO issue his warrant for any meet
ing, prescribed by law, TO the town sergeant or
constable to post mp written notifications, in
three or more public places in such town, the
day for said meeting and Of The business requir-
ed by law TO be transacted in it,-yet designates
no length of time as necessary for the notices
to be posted up, and leaves in effect by the pro-
| viso attached to it, the entire regulation OF no
ticc TO the discretion OF the towns. The pro-
viso attached to Sec. 25th is in The words fol.
lowing viz: 'prorided ai,oays tha, it shall and
may be lawful for any town to prescribe by law
any other mode for warning the electors of their
respective towns TO convene in town meeting
anything herein TO The contrary notwithstand
! ing"
/ The time therefore, necessary for due no.
tice of a town meeting, as well as The Other
requisites of notice, are pointed our, we pre-
sumo, by the town law. or usage, Of the town o.
Gloces,er. If the town usage, or law, prescribe
ten days, or any other time, as necessary fol
4 warning legal town meeting, and The proper
time was not taken for posting the notices. or j
the notices posted, Zone or more ofthem) called
the meeting al L. NJ instead of I'D, A. NJ. n,
required by the statute, we should think these
were fatal irregularities, and that the vote o
the town ought not to be counted To open III,
poll at the time designated by law, to keep i
I open as long as The law requires, and TO civ,
the notice of the meeting in conformity to tn,
State and town enactmenlS, we should think t,
be of the essence of the election They ar,
not, it unobServed mere nformali,icS, o! varia-
lions in some triling details, moi affecting tn,
substance Of the proceedings, bul matters, with
out strict conformity to which, in our opinion
no proper election can be held.
The Journal says, that supposing The vote
Glocester 20 be rejected it would not advis,
Mr. Updke to accept the certificate. On ia,
contrary, as it seems TO us. ii would be his du
Ity TO take it,-quite as much so, as that of tn,
Assembly TO reject the votes Of Glocester, !
they believed them TO be illegal Indeed, W,
do not see how otherwise the House of Repre-
sentalives could properly adjudicate upon th'
election. IT. after Mr.. Updike has taken hi
seat and Mr.. Thurston contested ii, the HouS,
come to the decision, that the irregularities il
Gloceser ought not to have affected its vote
and that the same ought TO have been counted
Mr.. Thurston will, OF course, be declared to b.
elected. Iflhe House, on the contrary think
that the votes in Glocester were illegally gvel
and rightiuly rejected, they may either con
firm MIR. Updke in his place, or what. unde
The circumstances is most probable, declare tn
seat vacant, and direct the Speaker to Motif
this State that there must be + new election il
the District. In any event, if the Assembly re
'ject the Glocester vote, we think it clear, tha
the candidate declared TO be elected, should pro
ceed to carry out their decision by taking hi
seat. As to his ultimate right to it, the Hous
of Representatives is of course the proper ant
constitutional Judge.