Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1892-02-06
Able and Concise Document Written by Chief
Justice Matteson Presented Today.
QUO wARRANTo CASE VERY PROBABLY NOW ENDED
Says Feeling Enthusiasm High
Electors Of Every Shade Of Opinion Were on the Alert

| act, or In case any officer shall die before
qualifying, or shall neglect to qualify, or
refuse to &C 'ept the Office to which he is
elected, the Board OF Aldermen shall order
the City Clerk to issue his warrant for
another election to fill such vacancy and
so on from time 10 time until all OF such
Offices shall have been tilled.'
"The REALTORS contend that section IA
applies TO all elections held under section
16, clause 2, and hence that ward meetings
for the purpose OF holding such elections
should be notified and warned by the
City Clerk by giving notices stating the
time and place Of such election and the
officers to be chosen, to be posted up
seven days before the election in three
public places in each ward respectively.
"And that as an order OF the Board of
Aldermen in December 2, 1891, fxed the
time Of holding the election In question
for December 5, 1891, only three days at
terwards, SO that the City Clerk could not
post the notices seven days before the
election in three public places In each
ward and the election was illegal and void.
"The respondent, on the other hand,
contends that section IA applies only to
fret elections but does not extend to
second or adjourned elections held In case
Of failure to elect at a first or prior elec.
ito i, and that such election was in effect
q second balloting in continuation of the
!, first election.
"We fnd nothing in tho statutes to
warrant such construction of the words
another election as the respondent seeks
to give them. It contains no provision.
Nor does 1t contain any provision author
izing an adjournment or continuance OF
of the election on q subsequent day. 1t
evidently contemplates that when the
votes have been counted, and the result
declared, the election Is at an end.
"Tn case of elect at that election, the
Board of Aldermen are DIRECTED to order
the City Clerk to issue his warrant for
ANOTHER election. That is a new election.
"This view Ia strengthened by the con-
sideration that the direction to order the
City Clerk to issue his warrant for another
election is not limited simply to the case
of a failure to elect but extends also to
the case of an officer who shall die before
qualifying or shall neglect to qualify or
shall refuse to accept the Office to which
he has been elected; In which cases un-
questienably the election must be a new
and Independent election.
section "a then being applicable to an
election held under section 10, clause 2,
the question arises whether the want Of
the notice prescribed by section IL was
sufficient 10 render the election in ques-
tion void when the time OF holding an
election Is fixed by law.
"In such a case the provision for notices
is considered DIRECTORY and not MAN
DAroRY.
"Thc time and place being appointed by
law the elector is bound to take notice
and therefore derives notice from the
statute itself.
"The purpose Of the prescribed notice is
to give greater publicity to the election,
but the authority to hold Il comes from
the statutes" "a number of aut horities
are here quoted to sustain this view.)
"Time and place, however, are generally
regarded ns OF the su ubstance OF an election
and hence It Is essential to give validity to
an election, that the electors should have
notice.
at hes, howevtr, been held In nuiner-
j Gus easss ,hst II the electors in tact have