The Providence news. (Providence [R.I.]) 1891-1906, 1893-04-22
Mr.. HENDRICKS SEAT.
! Special Election Must Be Called for
North Smith1sld.
4OFILLTHEV VACANT SEHAq0RSHIP
me supreme Court Says That the Town
Clerk Must Order tho Election at
Once- Prospects of Lively Struggle
with Republican victory at tho End.

Governor Brown has received the
opinion Of the supreme court with re-
gard to his question as to whether thes
town clerk of North Smithfieid has the
right TO order n new election to fill the
vacancy in the next senate caused by the
death OF Senat or-elect Hendricks.
The court rules that 1t is the duty OF
the town clerk to issue a warrant for a
new election. 1t had been contended by
some that no vacancy legally ex-
lists in the senate until that
BODY Is called together and or
Ranized aud the fact of death officially
recognized when IL would be the duty of
the senate to order new election. In
this view OF the case. Senator Parks,
the present Incumbent, could hold over
and participate in the action OF the grand
committer.
The contest in North Smithield will
be lively one. The Republicans are
confident that with energy they eau re-
elect Senator Parks. A victory here
would mean r publican majority in
grand committee as the party now has
f1fty-three votes without South Kings
towr.
The courts opinion f'llows:
ths state o. Rhode standard Providence Planta-
In response to your excelIency's request for an
opinion upon The question: TIE senato.-elect from
OF said town the right TO order new election for
hcdv to which the deceased was elecieii' we have
the honorto submit our opinion as ollows
chapter SECTION ~ % awsenerer e any per.es
elected sesator or representative shall at any time
term refuse to serva and shall declare the same 10
the town clers Of the town for wb ch he Is ee ted
%hsnevsr 81 10 elect q At 'pS the
meeting. or any anjournmen, thereof the ONCE
forthwith issue his warrant for an election to Mi
such vacancy unless a SPECIAL election for that
vacancy may occur
In censtrnng this section IT'S history IS instruct
i've. The original provisions contained in two
sections Of an aet passed In septemb.r l7oi The
issue warrant % for r an new election m when deputy
refused 20 serve az the session 70 which he was
duty Of the town TO proceed 20 choose anothe'
deputy forthwith when ary deputy should die
his election and the session Of the assembly, 20
which he was chosen, or ter he had taken his
clerk issuing the warrant as before. These pro-
Visions were plain and left the duty. solely with
Gown 20 January. lsts. An act was passed in
June ,sso directing the speaker Of ,hs house @
vacancy N the senate, the senator's then being
snn ls0% ae, ~
which % now appears In Public C. Statues chapter Is
during ANY
the house In which IL occurs may order new elec-
notice thereof as i may deem proper '''n
AT the same session. january, fsiS, new cleo
ha Lava Of nte cns seop s iwo ss Ss S
duty OF the town clerk. upon the happening OF
with. but with this limitation: Unless a special
election for that purpose snail be ordered by IN
law remains at present. excerpt at the January
a a mall xxh heh
pp sppssrs 70 ss In conflict st, With article viII.
% clause above quoset s'uS %nieh Creates the amb e
guilty n tie secton; but In view q It's origin.
town clerk had the sole authority 70 call a new
election In case OF the death, removal refusal to
ard then authority was given TO either houss TO or
der an election 20 i a vacancy which should oc-
had before extended 10 ali cases had TO he limited
e pcs % ana ns pss %
q the events rather than 70 the future failure
ton gives power g the senate or house to call
sfoed Sy aa 10 two Ss scss % be
spscisi election for that purpose shall be ordered
fSy satisfied by references to tne power @ Contained
IN section y Being an exception TO the power Of
e @ order an cs s,ss sn
vacancy other than one occurring during "A ses-
..Unless special election shall be ordered under
the power as given In said section D." Conss-
as 70 ~ ohss aus m ms
still HIS duty 70 Issue the call in ali cases except
reference. Is only the case OF vacancy occurring
IL may also be said that the constitution. in
that town snail be without repressntstIon BY BY
once until another Is legally chosen and du,y s
% V AZ hs pns sSs Ss srs Z no
4 thus gisen he sits by virtue of hts membership
IN the The word 90 aRs 9.ney
ts used "A part with reference TO the incoming
ss SIMPLY S s 1 as s
actual vacancy In the representation Of the town;
70 onr Se n ee % s bsS
the qualification of his successor; and hence. upon
ali until the old member Also should die, or N
some way Secome disqualified, This clearly. is
provides for the cas-. OF a memoer-eect who re-
iSsss 20 serye' ,anda and the same use q the word
= OF the Constitution. In The case OF a vacancy
% BY non-eecnon: In all &c cases Of ambiguous express
given construction; but IN this case. think its
room Tor doubt as 70 is pn esnar s
provisions have remained substantially unchangei
haS a S nns
70 be applicable TO both the kinds OF vacancies
Of the constitnsIon Our opinion ,herefore ssen
that Ia all the events specified In sectiod "a above
duty 20 call new election. unless the the event sSnii n
happen y during the session OF the assemb y. when
"
may occur. The correct ness OF this conciusion Is
fortified by the practice which has obtaineI under
the statute For example. In January 1893, Will
died during the session a new eiec-
tion was ordered py the house. in Janu-
from Providence, died during the session.
BY the. city clerk. In May. 1874, Danel
II. Swinburne. reprcsentative-elcct from Now
port died during the session, and new election
was called by the city clerk Dec 4. 1875. Freder-
lex A Pratt was elected representative Il ON
Newport In place OF William II. Asburst. who re-
wick. died after the May scssion. In which he had
not taken his seat. His successor WAS elected July
"a, 1870. Hon. Pardon T.. Tillnghast resigned the
once of senator from Pawtucaet after the adj
1ournment cf the assembly June, 1881, and
ms successo was elected June IS. 1881 Hon.
Henry j. spooncr resigned the once OF representa-
knccessor was elected Nov. %. 1891. stephen
waterman. n Representative from Providence died
~ 1871 and Isaac shove. a representative ftom
Pawtucket resigned IN lSlf. botl vacancies occuf-
ring Detween sessions. and their successors were
chosen chosen ,oeiore the January session follow
new elections could not have BEN called
by. either mouse, because the q Assembly was
not Ia session. aud they must. therefore. nave been
called by the Town or city clerk. At the January
session. 1850 Hon. George A. Wilbur. senator from
WoSnsocxst and don. David =. Baker. Jr. sena-
tor from North hngstown. resigned their Offices
wherc9pon new eiectons were ordcred by the san
ate. lac same course was followed ups n fhe rs
ylRnauon of Hon william w. Douglas senator
ttom frOvidence during the session OF fs9i From
these examples which are all that hnve come ~
onf notice, appears that no c.ecton has been