The Providence news. (Providence [R.I.]) 1891-1906, 1893-05-02
IN GRAND COMMITTEE.
Peculiar Reading Of the Election Laws
by the Counting Committee.
SHARP DEBATE UPON THE REPORT.
Committee Took IL Upon Themselves To
Count Votes which Had Not Been
Marked According to the Provisions
Of the Secret Baiior Law.


The grand committee reconvened this
morning at 1l:43 o'clock.
The governor called for the report OF
the committee appointed to count the
woes cast for the congressional candi-
dates.
Senator Comstock presented the re-
port, which showed that the various
candidates had received the following
To- es. according to the official count:
In District One the total number
of votes cast was 24,62l; for Lapham,
II ,33S; Bull, l0,353; Tnrner, 1.0l3; scatter
Ing /; blanks, 1912, defective, "a. In
District Two, 2; the total number was
"a, ,274; Tor Page, lO,ol5; for Capron, IL. GAO;
for Lewis. 1862; scattering. z; blank,
1882: defective, 24
Mr.. Mccarthy moved. that the report
be accepted asd that the Democratic can
didates he declared elected.
l.. ii. Wilson asked ii the report was
true that the committee had counted
cerl ain ballots which hal been marked
in blank square opposite the blank
space left Tor the Insertion OF name not
priutedy These ballots had been counted
lOr the last printed name on the list OF
Candidates.
Senator co nstock said that by uan-
imous Vote few such votes had besn
counted. La the First district four or
i've nad been counted ior Mr.. Turner,
aud in the Second district about the
same numbsr had been counted for Mr..
PAGE.
Mr.. Wilson then read the law In re-
gard TO valid ballots, showing that the
couutIng OF such ballots was not legal
aud y ould not have been doue. He
wanted To knoA by what authority such
co. struction had Deen put upon the law.
Mr. Comstock replied that according
to recent interpretations of the court,
both In this country and IN h Igland such
ballots were declared Iega,, aud hau the
gentleman from East Providence read tue
law as carefully AS some hers present
he would undoub. edly agree with the
committee that SUCH balIols should be
counted.
Mr.. Wilson replied that he did cot
intend To decay The action of the grand
committee by making motion OF
any KIND. Lut he wisned to
make respectful protest against
accepting the report presented aud allow
ing It To become precedent for future
couutings. He understood that the de-
cision rs to the recent election held in
Jamestown depended upon whether Just
such woes should be counted or not.
Mr.. Comstock replied that his decision
as TO the legality OF u ballot was made
Of the law but upon the evident intent of
the voter The committee had decided
that in these cases the Intent OF the voter
was to vot, for the last name printed
upon the list. The supreme court OF New
ha psuire had dec,d.d u on this very
question.
Mr. Wilson referred to decision or
the supreme court Of khode Island in re-
gard To an exactly similar case during
the administration OF Governor DAVIS
The court had then decided that ballots
must ue marked opposite the name, aud
thers alone; that votes market in any
other place were illegai, aud should not
be counted.
Representative Allen said that the de-
ci,ions of the supreme court Of New
Hampshire might be Of value but he
decisions OF our own courts should take
precedence. lie commended the position
taken By Mr.. Wilson and off .red a reso
luton TO the effect that the grand COM
nittee disapproved OF the action OF the
subcommittee in counting the ballots
mar ked in the bank spaces
Mr.. Mulholland-Does the gentleman
wish to tensure the commiJtee?
MT. Alien simply read his resolution.
Mr.. Brown claimed that the whole dis
cussiou was out OF ordec because there
was nothing in the report that related to
the counting of the votss uuder question.
Mr.. .OweD-li we are TO decide upon
the legality OF these votes we ought TO
have the votes here to examine.
Senator Comstock-l move that the
ballots be brought In and each member
be allowed to examine every ballot.
The Governor--The question before
the grand committee Is tue accept ance Of
the report.
Mr. Allen--Then I move that the mo-
tion to accept the report be laid upon tho
able until "e accept or reject my reso-
luton.
Mr.. Wilson--If the gentleman will
allow me think'I can pre- pare "a resolu-
tlon that " i'll accept the report aud cover
also our disapproval OF tue counting Of
such ballots.
Senator Comstock here offe cd his reso-
lu ION relating TO bringing In the ballots
and counting Them by the members
Governor Brown-The question lsefore
the grand committee is as to the report
Of tue committee.
Mr.. Wilsou-Thel offer the following
as "a substitute no ion:
Resolred, That the report of the co nmlttee ap-
point. d 10 count the ballots cast for members or
sSarsn or ,na Ap & be Ssvs a the
committee counted as valid certain ballots whereon
opposite @ the blank space ert on such ballots for
tue luserto OF names OF candidates, we dee lare
cept the report Of the commIttee because OF the
statement of tne chairman that not exc edns ten
thereof could not affect the result in either con-
gressionai uistrict
Mr.. Mulhol and said that It was evi-
dent that the point that troubled tue
Republicans was the establishment OF "A
precedent But any precedent that this
grand committee mignt establish would
net affect the next house at all;
the next house would be the sole judge OF
the election OF its members and the su-
pr me court had 40 decided. lie could
assure these gent lemen that all the
houses election cases would be referred
TO al entirely different committee. j.
j. Jenkes said he did not believe the ac-
tion OF the grand COMMITTEES would es-
tablish n precedent
Mr. Brown moved that the motion be
divided aud that tine part accepting the
report of the committee be voted ON
first. lie reviewed the situation claim
ing that the result would not be changed
In any way.
Mr.. Wilson protested against the di-
vision. The house rules permit of such n
division but the rules OF grand commit
tee did not. He had offered IL az his
opinion to see IL 1t Is the opinion of the