Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1891-12-12
TIE "lEGAll1Y."


that the election OF Mayor-elect Carroll is
illegal, 1t must be taken for granted that
Is the election was ordered by the duly
authorized authorities and carried on by
the duly elected and appointed officers OF
the city that the election was a valid and
legal one and can only be questioned in
the highest courts OF the State. II has
been suggested that the proper method to
obtain an expression Of opinion by the
Court upon the matter is to apply to the
Governor and, through him, obtain the
opinion of the Court. Such plan is per-
nicious and fraught with danger, and
what is more, the Court would refuse the
request as it has similar questions on for
mer occasions on the ground that 1t can
be called upon to give an opinion only
concerning the duties OF the Governor,
the Interpretation of the Constitution and
the laws 80 far as they effect the whole
State.
Besides, an opinion by the Court obtain
ed in this way, is not binding on any one
and 1t is only by decision OF the Court
that a final result can be obtained. People
should understan nd that there Is the widest
difference between = "decision" and an
"opinion" by the Supreme Court Al the
votes cast in the last election have been
counted, and the result declared, one way
IL left open to try the matter, and that is
by one OF the extraordinary remedies-quo
warranto. But even in order TO bring
this. Mayor- elect Carroll must take his
seat. No action either In law or equity,
can be brought till then.
What would be the result OF petitioning,
or asking for such q writ7 The chances
are that the Court would sustain the
doings OF the Board OF Aldermen and de-
clare the election legal and valid one.
The charter of the city provides that IN
case OF a failure TO elect the Board OF
Aldermen shall call another election.
This means, az there Is no limit OF time.
that the Board may set time for the olDc-
tion such as it may deem reasonable Tine
former provision in regard TO notice seen'
70 US to apply directly to SPECIFIC elec
ton, and the sections of the charter fol-
lowing are not governed or affected by it.
In other words, section Is does not Gagern
CHAPTER / Of section l6 OF the charter.
This is the most reasonable and sensible
view, and it il a strict construction OF the
charter. II it was not so it would be
necessary to hold ward meetings, and
make a new nomination for mayor, file
nomination papers with the City Clerk,
ETC., each time there was no election.
This, certainly, the laws OF the State 90
not contemplate. 1t will not do to say
the old nomination will do il the elections
we have already had are not part and
parcel OF the first and original election.
Again, the provisions of the Municipal
Ballot Act do not contemplate the post
ing up of specimen ballots, etc, on u
second or subsequent election, nor for the
appointment of new Supervisors. The
act provides simply for the furnishing OF
lun . kat . h.S CIR, hul
perform the same duties as at the former
election. This clearly makes this act and
the charter in harmony with each other
and provides for the issuing of . warrant
for the election and for the necessary OIL
GERS to carry it on. In regard to canvass.
ing Of the voting lists the statutes pro-
vide that for "called" elections the So m c
il not necessary when there is not time
for it to be done. Section 10, of chapter
., OF the Public Statutes OF 1882 settles hat
so that there cannot be any dispute. l,
will thus be seen that all the laws are in
harmony with each other, the Public
Statutes, Ballot Act, charter and all, and
thus 1t is only by a complicated ant
illegal method OF reasoning that any diff
ferent conclusion Is arrived at snC
this only because some people have got tn,
shoe on the wrong foot and it pinche,
and hurts. Mayor-elect Carroll has beer
elected by a majority OF the electors o
this city in an elect on duly authorized
and ordered by the duly constitute,
authorities and has been declared electc,
by them, and under such Circumstance
the Supreme Court will go slow in declar
ing his election illegal and void.
What's the matter with Charlie Lee
Are not the merchants OF the city fsttenin
him up with holiday ads? In this week
issue be calls the storekeopers who re