The Providence news. (Providence [R.I.]) 1891-1906, 1892-06-29
AN EXHAUSTIVE REPORT
The Committee Recommends a Res
oIution for Passage.
FIVE MEN, INCLUDING HONEY,
Persons Not Capable of Marking Ballots
Must Say so-Both Parties Must bs
Represented-The Destruction Of Bal
Conclusions Based ON Supreme
Court Decisions.


The report of the committee on cleo
tions of the House of Representatives on
the Newport case has been completed and
printed. In the body of the report the
testimony in the case Is summed up
voluminously, and the laws in the case
are pointed out and authorities given.
"The committee consider that the pro-
vision in Chapter 73l, requiring persons
incapable Of marking their ballots to de-
clare that fact to the warden before
receiving assistance, Is of the essence Of
the law. Its observance Is OF the utmost
importance to the fairness and purity of
elections. IL the provision may be disre-
Rarded, all that any political party would
require to carry an election, would be a
supervisor, and Immediately the officers
constituted by law to protect the voter in
exercising his right OF franchise
in secret aud to prevent the pur-
chase and delivery of votes, would
become the most perfect machine that
could be devised for violating that
secrecy and for registering and for prov
had been delivered. Voters unable to
mark their ballots would no longer be
protected and the secrecy OF the ballot
would be destroyed. Dependent voters
would no longer vote--,hey would be
voted-and votes:could be paid for with
absolute certainty that they had been
cast. 1t is perhaps we'll also to refer to
the importance Of the provision that no
voter shall be allowed within the guard
rail more than once, and TO that which
requires voter TO vote or return his bal
lot before leaving the enclosed space. II
these provisions may be disregarded and
even one official ballot be brought outside
4 N nm r6 ..aiI m m I'm n n
may be created by which the purchase Of
votes, more surely than under any for
mer system or voting, can be carried on.
''At least, one of the leading political
parties was deprived Of AN election off,
cial, and that in ward In which, as the
the opposite political party had at the
first election disregarded all the essential
requirements of law. Honesty and good
faith should have suggested that the
vacancy be filled In accordance, not only
with the manifest spirit aud purpose OF
the law. but also, In accordance with the
letter of the law properly construed.
The report concludes: "For O strong
condemnation of the acts OF officials in
destroying ballots, and the conclusions to
be drawn from such an act, see State v.
Kearn, Index ii. PIP. 5l-52, in which the
Court say: The conduct OF the respond
ents in destroying the ballots Is not only
but is plainly u disregard OF the good
faith and fair dealing which should
always be observed in such cases. Evil
dence which may affect the result of the
action Of the people at an election should
be scrupulously guarded and presented
for the determination OF the right. The
destruction, with unseemly haste, after
notice, and without adequate excuse, Of
evidence upon which the title to an Office
is founded, Is inconsistent with q bona
fide justification OF right to the Office,
and is contrary to the interests Of the
public
'Your committee feel that in such
parallel case they can do no less than TO
adopt the reasoning and conclusions OF
the Supreme Court, and the case submit
ted to US Is even more to bo condemned,
for one Of the persons declared elected
counted the ward which reversed the de
cisiou of the warden, aud then himself
destroyed the evidence. in order, as he
says. that there should be no further
count.
I'm view, therefore, of the circum-
stances surrounding the count Of the bal
lots by the Mayor and Board of Alder
men on the 18Th of April, and OF the de-
struction of ballots by the Mayor, your
committee are Of the opinion that no reli-
ance can be placed upon that count, and
that IL should not be further considered
i'm forming their conclusions. This leaves
us to consider the proceedings at the
election on the 18th of April and the count
made by the wardens on that day, which
gave James s. Hazard, Esq, a majority
OF twelve votes; and your COMMITTEES are
of the opinion that because of the illegal
practices OF the election officers in mark
ing the ballots of voters; Of the neglect
and refusal of the Mayor to appoint Re
publican supervisor in the Fifth Ward;
and OF the other circumstances appearing
in the testimony not specifically alluded
to in this report, that there was no legal
election of Second, Third or Fifth Repre-
sentatives at the election holden on that
day.
"The people of a municipality, however,
are entitled TO a represe ntation elected by
legal vote and in accordance with law.
Your Committee, therefore, recommend
the passage of the following resolutions"
city of Newport on the 9th and 18th days of
April, A. ID. 1892. for members of the House of
Representatives, be and the same are hereby
declared invalid and void, and that William
y. Clarke, samuel k. Honey, JamesS. Hazard,
John II. Crosby and George Gordon King,
Esqrs., declared elected First, Second, Thru,
Fourth and Fifth Representatives, respec-
lively, from the city OF n export. are not by
virtue OF efther OF said. elections legally
chosen and duly qualified as such Representa-
tives and are not entitled to seats In this
House.
SAINT X. ALLEN.
LYMAN AYLEswoRTH.
JONI Is. LANDERs.