The Providence news. (Providence [R.I.]) 1891-1906, 1893-06-03
WARWICK NARRENENED
Battle Between the Two Democratic
Factions in Supreme Court Today.
WHICH Is Is THE THE SIMON SIMON PURE
Wing the Court Was Asked TO Decide
There Were Two Town Committees
and an Absence OF Harmony-The
Court Dismisses the Petition.

The old sore in the Democracy OF war
wick broke out afresh at 5 p m. last
night when summons were served by the
Democratic town committee of Warwick
No. 1, upon Democratic town COM
mittee of Warwick No. 2, to com
pei COMMITTEES No. to accept
the candidates for town officers proposed
by committee No. /. Both committees
claim to be the representatives OF the
Simoa-pure Democracy. and each accuses
the other of being spurious pretenders
aud secessonists from the true faith OF
the party.
The Petition.
The following petition was presente d
to the supreme court this morning;
Rt. w. Burbank. attorney general, respectfully
repre- ents that the 18th day OF May. 1898. John
sp Ea%sra Sp p k AoSa: %
A Morningham. Daniel w Qunan, James Bren-
In g. seGssi s
Patrics Duffy were legally quaiided voters OF the
also constituted the town committe, OF the Demo
party & n S saS oF S e sad s has of
and lawfully PpoEtsd BY ,as town ~" sSsne sS 9f .5
tcwn ocers foT the ensuing year for the said town
of Warwick, namely, moderator. town council,
tSwn safreans justice or the peace me@bers Of
the school committee, vo.in district officers,
day "s OF june the said pstoncis in their said said
capacity the Democratic towa committee OF
coIneiI aH" Of Warwcs list Of sixteen eectors E~ ot
from each voting district In said town OF Warwick.
or provided in chapter 90 Public Laws OF RhOde
bs ssS sS sea marked lS 'si raSb Of said list
That said town council has heret fore neglected
a $ "a G 'S f .a election 1
but has wtaly & malieoGsy neE y, and unlawtgy ap.
person. not srlected from any list presented to
s Sd or pX hs pas 81 s
for said town of Warwick, contrary 70 the prov-
May il therefore please your honor. to grant unto
Enos Lapham, Webster Knight, joseph u. Legris.
Phlilp Duffy. Clarence o. Carpenter and James T.
bers OF said town council, commanding them upon
receipt of the. said writ 70 certlry and remove
May, A. ID. 1888, into this honorable court and to
saad a abide by such order ana direction as 70
oi the case may require. And your orators Will
ever pray.
MIR. Greene Wants Time.
Counsel for petitioners, Messrs. Tanner
and Cannon. opened the case and desired
the court to crack the nut at once. Judge
Greene, for the respondents, strongly OBJ
jec, ed, saying that no time had been
given him TO prepare his case, as the
summons was not served on him until
3 o'clock last nia ht Under the circum-
stances he would do the best he could.
The petitioners arguments consisted
mainly of an attempt to prove that they
were the true and only Democratic com
mittee oil Warwick, and no one else
had any right. legal or divine,
10 put in nominations candidates
for town officers on the Demo
cratic ticket. The other side failed to
see the ma ter in this light. They main
tained that the r democracy is o rs pure
u brand as any In the town of Warwick
and claimed the right To put in nomina-
tion whomsoever they please.
The court took the papers for consider
alton.
The Petition Denied.
This afternoon the court handed down
the following rescript:
We are Of the opinion that the ques-
tion whether or not list of names from
which supervisors are to he selected by
proper own committee is not a
jurisdictional fact. and therefore not re-
viewable on petition for writ of Ger.
tiorari. The statute Public Laws of
Rhode Island, cha ter 916. section 10,
makes IL the preemptory duty of the
town council to appoint supervisors who
shall be OF the opposite parties. The
provision that they are TO be selected
from list presented by the town COM
mittee OF the opposite political parties
appears 20 be incidental TO the
appointment as affording a convenient
mode of furnishing names to the council
from which To make a selection. 1t
would apparently be their duty to make
the appointment whether the lists were
preseu. ed TO them or not. Petition de-
MED and dismissed"