The Westerly echo, & Pawcatuck advertiser. [volume] (Westerly, R.I.) 1854-1858, 1855-07-05
"Have We "a Corporation p,
, the Editor Of the Echo and Advertiser {:

| w ''"~ fN-S6 w NS>ANS hiO0
points Of law" in regard to this question,
it may not be amiss to notice some
points referred to by your correspondent
+ John, in connection with the provi-
sions of the statute, which may tend to
throw some light on this question.
In the act regulating the election of
town officers, it is provided Public
Laws Of X. l., page SOL, section ~
that 6" the electors in each town shall
annually, on their election days, choose
and elect SO many town officers as by the
laws of this State are or shall be requir-
ed. That IS 10 sag, Moderator, to
preside in all the meetings of the town,
Town Clerk, Treasurer" &c., 60.
This would seem to make the ny (acrator
town officer, the opinion of some of our
wiseacres to the contrary notwithstand-
ing, Section 5 provides that "all
town eflicers shall hold their Offices until
the next annual election of town officers,
and therefore until their successors are
qualified by lao 10 act, unless in cases in
which it is herein expressly provided to
the contrary" Section 2 provides that
Justices of the Peace, " if not re-elect-
ed, may continue to oficiate for twenty
four days after the time for electing such
officers in any town, and no longer, and,
if reelected, may continue to officiate
for the same number of days without
taking any new oath of Office"
1t appears clear, from these quota
tions, that all town officers-( except
Justices Of the Peace from the Mod
orator to Surveyors Of Highways, &c.,
hold over, and are the Joma .Jfde officers
of the town uneil their successors shall
be "qualilicd by law to act"
Section % provides that every per-
son elected to any office, shall take the
following engagement before he shall act
therein-You do solemnly swear-( or
affrm)"-&c Thus it appears that
new election is not valid until tho newly
elected are "qualiied by law to act"
by taking the oath.
This town, at the annual meeting re-
elected the Moderator and Town Clerk
Of last year, who were duly "qd1libed
by law to act" before entering On the
duties of their Office, and as they were
not re-cngaged, when reelected, they
of course, held over and officiated under
the provision of the 9th section. Ant
it appears to me there can be no ques
tion as to the legality of the doings O
the town meeting in question, so far az
the qualification of the Moderator anc
Clerk are concerned. Indeed, it woulC
appear that the Moderator, Clerk, &C.
if reelected year after year, ,ad iafnitwm
could serve the town in their respective
capacities, legally, without being re-en
gagged, on the hold-ovcr provision, if nc
others are elected and qualified by Law
to act in their places. 1t is not denied
but that it has been customary to re
, engage the Moderator, Clerk, &C., whel
reelected, and that it is proper 30 t.
do, but that an omission to do it renders
the succeeding business null and void
|. | do not admit.
Section 3 provides that I" the mem
q bers of the Council shall be chosen mex
u in order after the election of the Tow
.s Clerk, and in choosing them the vote
whether by ballot or otherwise, shall b
\ taken for the whole number at the san,
J. time"
n That tho manner of electing tn
Council was not in strict accordanc
" with the letter of the law, as general
o understood, no one will deny; but tha
the spirit of the law was violated, an
therefore the election null, l do not cor
cede. The members of our new Couu
% Gil were elected without opposition, {
: unanimously, and, although not all non
e mated at once, yet it was done in sue
IS rapid succession that probably not on
5, minute elapsed during their election
Is They were, in my view, elected at II
10 same time" ne other business havin
g. been done till they were all electe'
4. The election last year which had legisl'
IN tive sanction, if my memory serves, WI
Sc of doubtful legality more because or
se member Of the Council was elected aft,