Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1892-01-18
. THE BRIEF IN FULL.
Law on the Side OF
Mayor Carroll.
DECISIONS OF THE PAST
Powerful and Convincing Document
Submitted to the Court.


case took in the Supreme Court yesterday
The petitioners and those who are back
of them had been bowling that Mr.. Car
roll was fighting for delay, bat yester-
day the boot was on the other foot.
Their lawyer, after Mr.. Carroll's coun-
sci had made an argument, evidently go
frightened and pleaded for another week
time. Below is copy Of the BRIEF sub
mitted by Mayor Carroll's counsel:
The defendant demurs for the follow
ing reasons: First, because it appear
from the facts set forth that said electior
was valid election, conducted according
to law; second, because it does not appear
In said complaint that there was not q
full and fair election third, because, even
il there were irregularities in the notice
they do not vitiate the election in the alb
sence OF fraud, or of any claim that elec
tors were deprived of their votes by such
irregularities.
The substantial allegations of the in
formation are as follows: That waro
meetings for the election OF city officer
were legally holden in the city OF Paw
tucket on the second day OF December,
1891. That the ballots were legally re
turned and counted by the Board OF Al
dermen OH December 3, 1891, within forty
eight hours after the closing of the poll.
OF the act aforesaid" ;" /. G., the Pawtucket
charter.
That said Board of Aldermen forthwith T.
on said day third day OF December, a. d..
1891, declared the result OF said election
for Mayor to be as follows: Hugh j. Car
roll has 2,111 ballots, Albert II. Sherman
has /, ,557 ballots, David J. White has 81.
ballots, Charles F. Burnham has l ballot.
Frederick G. Sales has ballot, and ther,
Ii no election.
That thereupon said Board ~ Alder
men, on said third day OF December, 1891.
ordered the City Clerk to Issue his war
rant for another election to be held Oh
Saturday, the fifth of December, 1851;
that said City Clerk afterTard, on tn.
fourth day of December, A. ID. 1891, ISSUED
his warrant for said election ordered as
aforesaid to be held on the fifth day OF
December, 1891; and notified the elections
of Pawtucket to assemble in ward meet
ings on the said fifth day of December, At
8 o'clock in the forenoon, in the various
ward rooms.
That said city clerk, on the afternoon
of said day, caused noticcs stating the
time and place for said elections and the
officer to be chosen as aforesaid, to lie
posted up in twenty public places in said
city.
"That in and by the fourteenth section
OF said act, entitled 'An Act to Establish h
the City of Pawtucket,' it is provided
that elections Of the city officers in SAID
city shall be made in ward meetings,
which shall be warned and notified y
the city clerk of said city, who shall
cause notices stating the time and place
for such elections and the officers to be
chosen to be posted up at least seven days
before such election in three public places
in each ward respectively, and shall give
such other notice IS the City Counc. |
shall order, and that said city clerk did
not cause notices as aforesaid to be posted
up at least seven days before the election
ordered by said Board OF Alderman, afore-
said, to be holden on the fifth DAY OF
December, 1891, and did not cause said
notice to be posted up in three public
places in each ward in said city.
The information further alleges that a
pretend, election was holden December
8, 1891, that Hugh j. Carroll received Il
majority OF all the ballots cast, and that
said election was illegal and void.
Defendant claims that said election was
valid, because it was conducted in con-
formity with section 16 of the Pawtucket
charter.
BY clase OF section 16 OF the Pawtucket
charter (chapter d74, Public Laws, passed
March 81, 1sS5) it is provided as follows:
"In case of failure to elect any officer
under the provisions OF this act, or in
case any officer shall die before qualifying,
or shall neglect to qualify, or shall refuse
to accept 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 the Va ancy,
and 80 on from time to time until all of
such offices shall have been filled. y
No time is specified by the charter at
which such election shall be called. Tho
Aldermen are, therefore, entitled TO fix
such day, giving merely reasonable no.
tice.
A striking difference exists between
the charter Of the city of Pawtucket and
the charter Of the city OF Providence. In
the Providence charter the corresponding
provision is as follows:
ain case of failure to fill said officers at
such elections, or in case any person
elected to either OF said offices shall re-
fuse to accept his office, or shall die before
being qualified in sucl Office, the Board
OF Aldermen shall issue warrants 'or an
other election to fill the vacancy and SO
on from time to time, shall order nc"
elections until all such Offices shall be-
flled; provided, however, that a period %
not less than seven days, nor more than
ten days shall intervene between such
elections Ordinances Of city of Progi-
dense p. 80, sec. 3, p. l. sec. lO.)
In the Pawtuckei charter no such limi-
tation exists.
This proviso is strong evidence that the
trainers OF the Pawtuckct charter con-
sidered that without a limitation full dis
cretionary power to fix the time would
reside In the Board OF Aldermen. 10 Us
contended in the information that by sec
tion Il OF the Fawtucket charter thorc is
q requirement OF seven days notice.