Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1893-05-13
STRONG CASE MADE.
Efforts TO Seat Candidate
Isaac Gill.
WHERE DOES BORDEN LIVE.
Brief Of the Petitioners Presented in
Supreme Court Today.

In the Supreme Court today the case of
Isaac Gill Of this city against the Board
OF Aldermen for a mandamus to COM
pei the Board to declare him elected as
Councilman In the Second Ward, was
heard.
The following is the petitioners brief:
This petition is brought to compel the
Mayor and Board of Aldermen of the
City OF Pawtucket to declare the petition
er elected TO the officer of second Council
man of the Second Ward of said city.
The petitioner claims to be properly cleo
ted, and entitled ID his seat.
The facts are as follows: The plaintiff
ts resident OF the Second Ward OF tue
city OF Pawtucket and was duly nominal ed
for the office of second Councilman In
said ward for an election held on the 3-d
day OF May, inst. Patrick keenan, and
candidates on the same ballot.
The election was held under the
"Ballot Reform law" so-called,
and on the ticket, In compliance with
that law were printed the residences OF
each candidate. The residence of the pc.
titioner, Gill, and that of keenan,, anoth-
er candidate, were given and showed that
they lived In and were residents OF the
said Second Ward. But the residence of
the candidate, Borden, was given as res
dent OF the Third Ward OF said city. The
nomination papers which were signed by
the party which nominated Borden
designated his residence as being
in the Fourth Ward of said city Bor-
den's real residence was at 10 Maple street
In the Third Ward of said city. He had a
place OF business at 144 Main street In
said city aud that was in the Fourth
Ward. The number .'147n on the ballot
was evidently intended for "144," because
MIR. Borden had no place Of residence or
business at 147 Nam street.
The situation therefore is that Mr.. Bor-
den wac candidate in the Second Ward !;
his nomination papers showed him to be
In the Fourth Ward; the ballot showed
him to be in the Third Ward at one place,
and his real residence Is at even anot her
place in the Third Ward, to- wit, on Ma
pie street, of OF Main street.
This Is quite complication and the
question really Is: Is Borden a resident
of the Second Ward or not?
We claim not, because he has lived In
the Third Ward actually for nearly year
and because his resid snce Is so stated on
the ballot. We also claim that the voters
had full notice OF this fact because pre-
vlous to the election OF said 3rd. inst, five
elections had been held in said Ward ana
the residence OF said Borden at each OF
said elections war printed as being at a
place In said Third Ward. The lines OF
the ward are defined by ths law and the
Law presumes that the voters knew the
lines.
The contention then in this petition, il
that said Borden, not being resident OF
the Second Ward, was not qualified foI
said Office and that the electors having
mad notice thereof, the votes cast for said
Borden were thrown away.
Points OF the Case.
First-Votes cast for person not quail
fled for office are brown away ana can
not be counted for sucn person. Morton
vs ScuIiy, . w. X. 4. l.. 2l7. ii. T.. Pane,
Law of Elections" sec. 1888. 80 al. 1856, z
Burr. 2,778, etc., and Rex vs. Grout, lib ana
Ad. lO4. Vol. 8, sec. 81, American and
Eng ism Cyclopedia 277, q. X. 8, Z. r., 826.
Second-A person must be a resident OF
the Ward in which he IL nominated for
Councilman. Pawtucket City Charter, y.
l.. X, l., Chap. 474, Sec. 10. See above.
Third-Tbe fact tnat Borden's name was
on the voting list OF the Second Ward IL
not conclusive evidence that he Is en-
TITLED to be there. (Here several aith hor-
I'll, are quoted.)
Fourth-A person cannot have domI-
cile for political purposes in one place
and an actual home In another. Pane on
Elections, secs. 45 and 40. jenkins vs..
shaw, l.. ana X. 266.
Flfth-Sect ion 8 of the Municipal Ballot
Laws, read as follows: Gan certificates of
nomiration and nomination papers shall,
besides containing the names of candl-
dates, specify as to each: First-the Office
for whIcn he was nominated; Second--the
party or political principle which he rep
resents expressed In not more than three
words, and rhird-His place of residence,
he street and number thereof, IL any"
Borden Is a single man.
Ihe election was held under the above
law. The ballots were printed according
To- The residence of Borden was given
on the certificate of nomination as 144
Main street; Ia Main street IL in the
Fourth Ward, Subsequently the ballot
was printed so that his residence was CIV
en- as at l47 Main street, opposite to IA,
and that number is In the Third Ward.
His home IL In the Third Ward.
ne was not even DESIGNATED as n
resident" of the Second Ward. "His
place OF residence, rect mum ber, IL any,"
shows on both certifit ate and ballot that
he did not reside In the Second Ward.
The ballot was notice to the voters and
those who nominated him and those who
voted for him had knowledge OF this fact
They also had knowledge OF the Ilaw.
Many other decisions are quoted here. }
The law requires that Borden's street
and number should be given on the bal
lots. He has no "street or number" in
Second Ward, but gives his residence In
another ward.
HUGH J. CARROLL
THOMAS w. ROBINSON
CLAUDE }. FARNswoRTH
Attorneys for Petitioner.
City Solicitor Bsrnefeld, who repre-