Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1892-01-18

elections, or possibly in cases OF special
elections to fiji vacancy occurring during
| term Of of-ofice, but are inapplicable to
fccond elections held in case OF failure
| 20 elect up IN a regular election.
The provisions for notice contained
section II are directory. Section II
provides that elections on city and State
officers including justices of peace, MEM
/ oers OF congress and Presidential electors
,hall be made in ward meetings"
Ii being well established that the notice
I o be given OF regular elections is only
| additional TO that which the statute gives,
md that these provisions for notice by
I yhe City Clerk are merely directory so far
rs they are applicable to regular first
elections, do they change their character
and become mandatory rs to adjourned
elections?
Tho answer is; 2. They are applicable
only 10 original elections, and inapplica-
Bile 10 second elections held in case of
failure 10 elect upon a regular election.
Section II Of the charter provides gen.
,ral rule of notices for city and State
elections. As directory provision for
giving additional publicity to all regular
ward meetin S for election it is in har-
mony with the general law.
That he election was valid because in
conformity with the provisions of the
general law which governs the case.
There is no second meeting provided for,
the second ballot is but a second vote at
the same meeting, exactly as it is a second
ballot when at n general town meeting
the polls are reopened
1t Is not a second election; it is simply
a second ballot of n meeting called and
continued until by successive ballots the
result of an election is reached. The diff
ference between the Mayors issuing the
warrant and the order by the Board OF
Aldermen TO the City Clerk to issue a war
rant is a mere difference in form and not
substantial
The warrant issues to the warden; else
tn re is no provision authorizing the
wIrdcns to open the polls. Like the
neral law, the charter is silent upon the
subject of notice to the electors for such
second vote.
The court will not allow quo warranto
to be filed TO try the title to an office
merely because there has been an irreg-
ularity in the election, in the absence OF
bad faith and where the result of the elec-
tion has not been affected.
IL was said that any irreg-
ularity in conducting an election which
does not deprive a legal elector of his vote,
or admit disqualified person to vote, or
cast uncertainty as to the result, and has
not been occasioned by the agency of a
party seeking to derive q benefit from II,
should be overlooked in proceeding to
try the right TO an Office depending on
such election.
Cases ar numerous in which ii is held
that actual notice and actual knowledge
OF an election viii cure defects in the for
MI not .ce. In conclusion is urged the
principle that the expression OF the popu-
lar vii, is the main object of all election
laws.
W here there is no other claimant for
the Office, whore there is no fraud, where
there is no pretense that actual and full
notice was not given to all electors, where
no person was deprived of his vote, and
where there have been four elections all
conducted with the greatest publicity,
the person who received the greater num-
Der ol votes at each OF such elections
should not be deposed for any doubtful
or merely technical reasons.
To burden the city OF Pawtucket with
another election, TO subject it to the in
couv nicnce which must result from a va
cancy IN the Office of Mayor is to nulify
the spgession OF the popular will through
teCh1i 'al application of rules to sus-
tain j.. Hearing in progress.