The Providence news. (Providence [R.I.]) 1891-1906, 1893-04-29

the Matter Upon the General Assem-
blythe Court Stated Its Side of the
Case-Papers Reserved for Future De-
cision.
against the Town council Of South Kings
town was begun before Justices Matte
son, Stiness, Wilbur and Douglas of the
Supreme Court at $3.50 o'clock this morn
ing.
Attorney Brown presented 20 the court
what he defined as citation of prin-
cipes. He began by reviewing the con-
dtions that led up to the issue Of the
mandamus and then asked the court to
give careful review OF its rescr.pt OF
last Saturday
Mr.. Brown dissected the rescript with
an unsparing hand. He maintained that
che examples cited by he court as prece-
dent TO apply in this case did not
in any way apply. The case is hat OF
Weeden VS.. The 1oyn Council Of Rich
mond. 0 X l., 12S
Mr.. Brown held that the case decides
merely that the court will not review the
finding of board Of canvassers as to the
qualifications OF q voter, upon the evil
.ence as to facs that 1T was the duty of
the board to decide.
The lack of jurisdiction" be said.
twas based solely on the face that the
board acted in judicial capacity.
"Ihe Town council acts merely ina
Ministerial Capacity
In calling an election. IL Is governed by
the statute which says that the said
town council shall call new election to
be held not more than ten days from the
first election and so on until the election
shall lie Completed
questions of law cannJt be rendered
nugatory. Thou h the constitution pro-
vides that each house shall be The Judge
of the elections and qualifications OF its
members II does not provide that each
house shall be the sole judge of the
meaning of the laws governing the cleo
ton.
III the court cannot call an election on
the ground that the legislature may null
lily tnat elec lon. neither can IL count the
bal o.s. My OH CT Is TO compel the court
TO admit that IL has jurisd ction to com.
pei tue election.
The right To hold the election is clear
aud appears in the terms of the statute.
The last Clause of sectioI is chapter 10
shows that tho date at which the cleo
tion is held is imtnaterial."
Justice Stiness said: The constitu-
tion has endowed tn. legislators with a
judicial mind"
Mr.. Brown rep,ied IL am glad that
the court interposes its objections now.
The decree or this court would b. a pro-
lection To this town council. The inter
pretatioa of the legislature should not
deter the court from
Enforcing the Law.
The court says we won't rua the risk of
being misinterpreted by the legislature"
Justice Douglas: ''Oh, no. we don't. I"
Mr.. Brown continuei: What redress
does the town council get out of the
courts decision Tne law says elections
shall be held until a choic. is obtained.
The right to 20 to the legislature is not "a
remedy at law.
"This is pure question of the inter
probation OF chapter 710 after tue viola
tion OF the town or its duties OF election.
The holding Of an election has nothing
to do with tile trial OF contested cleo
tion."
Justice Stiness-Are we not compelled
to decide in advance that the election, if
held, will be valid?
Mr.. Browu-I think not. The court is
perhaps falling into the mistake tnat the
court aud the legislature are not gov
ernei by the same laws.
Justlce Stiness-The law makes the
senate and tue house the judge of cleo
ions. How can we render decision
that may be nullified by the other
tribunal?
Justice Matteson-w Would the meeting.
ii held In accordance with the order
issued, be valid and binding upon the
town?
Mr.. Brown-I contend that IL would
be. The opinion or the court as to the
jurisdiction in this matter is utterly
without precedent.
Justice Stiness-It may be found in the
records oil the court.
Mr.. Brown then began his third argu-
mcnt. He said Section IS OF chapter
40 Is not repeaied by chap5cr t23 of the
Puplic Laws.
This section contains the law wherein
II is ordered that la cities other than
Providence divided into
Voting Districts,
ward and district meetings held therein
for election OF senator's aud representa-
tives shall stand adjourned to the third
day next from and after the day SO ap-
pointed, except In the case of Hopk inton
where no o ection shall be held on Satur.
day.
'rhe provision that no election shall
be held On Saturday relates solely To
Hopkinton,' said Mr.. Brown 1T is by
virtue OF the unamenied portion OF the
statute solely that repeal il implied.
"A law passed in 1883 cannot be repeal Ell
by implication by a law passed in 1872.
'The claim is made that there Is "A sub
sequent laS covering the same ground.
Tue Hopkinton provision is the only
part dated subseduent TO 1888, but con-
talns no such appealing power.
"A law when re-eu.cts former one
does not repeal an intermediate act quail
ilyipg sucn former act. The new Is
qualified like the old.
There is no forcs In the suggesl ion
that the repeating clause In chapter 923
works general repeal.
Chapter 7lO. section ~, Is constitu-
tionai
Article s. section Q, provides that wa
cancies occurring from ary cause in the