The Providence news. (Providence [R.I.]) 1891-1906, 1894-04-02

|
decision of our Supreme Court that set
tied the matter SO far as Rhode Island is
| concerned.
| October p, 1890, the Hon. John w.
Davis, now member OF this honorable
body, but at that time Governor OF the
| State, asked the Supreme Court, as he had
the constitutional power to do, three
questions in regard to the counting of
votes under the "ballot law" as follows:
First. Can any mark other than y
placed in the square at the right OF name
on an official ballot be counted as vote?
| Second. Can cross or other mark
placed at the right of name on an official
ballot, but not within the square, be
| counted as vote?
Third. Can cross or other mark
placed at the left of or over any part of
name on an official ballot be counted as
vote?
In answer to the first question the court
said, "a Y is the only mark that can
be lawfully counted as a vote"
In answer TO the second the court said:
| "We have to say that we do not find in
Chapter 731 (the ballot law any provision
for squares upon the ballot"
In answer to the third question: "We
answer third question in the negative.
The ballot law makes a cross effectual as
vote only when ii Is inscribed on the right
OF name printed or written on the ballot
| and opposite thereto" The above opin-
ing Chief Justice Durfee.
| had no doubt the moderator OF the
| Jamestown town meeting had this decis-
ion in view when he threw out the six
ballots with GROSS marked below the
printed name, and opposite the blank
space.
On the 10Th of May, 1s93 His Excellency
| Governor Brown asked the court the fol-
| lowing question:
"Can cross placed at the right of a
blank space, below the names of candi-
| dates on an official ballot, and opposite
! no name thereon, be counted for any can
didate on said ballot?"
| On the oath OF May following, the Su-
| preme Court says: 1--WE think theques-
| tion must be answered in the negative"
| After arguing the matter they close as
| follows: "We are still OF the opinion as
stated, in re the Vote Marks IL II. j. S12,
| that to give validity to,a ballot the cross
| must be inscribed on it to the right of a
1 name printed or written on it, and oppo-
site to the name." This was signed by
Chief Justice Matteson and all the other
justices except Justice Rogers, who was
| absent from the State.
Can there be any question as to the
legality or correctness OF the decision of
| the moderator of Jamestown, supported
by the ballot law and by two separate and
| positive opinions Of the Supreme Court in
answer to the request OF two different
| Governors OF the Slater
This Senate asserts by its majority that
Mr.. Smith was not legal member of the
| Grand Committee, and that therefore they
| were and are justified III this case in re-
| fusing to join in any Grand Committee of
which he claims to be member, by virtue
of his de facto membership in the House
| of Representatives.
| In the other case, that of Mr.. Hoxsey,
( what are the undisputed facts?
| At the election on the first Wednesday
in April, Mr.. William Hoxsey, who at
| that time was first representative, having
| served in the capacity the preceding year,
| was elected Senator from the town OF
| Westerly; there was no choice for either
| first or second representative. Agreeably
| to the law second election was
held the following Tuesday at which
| there was an election for second
| representative, but still no choice for first
| representative. The time within which
| third trial could be holden having elapsed,
| and there being no way by which another
| election could be held for first representa-
| tive previous to the meeting of the House,
| there was but one method known in the
law by which the town of Westerly could
| could have its full representation in the
| General Assembly. Mr.. Hoxsie, as he
had a perfect right TO do, declined
| the seat in the Senate to which he
| had been elected, and took his place
| i'm the House of Representatives as first
| representative from the town, under the
| constitutional right 10 hold his seat until
| his successor had been elected and duly
| qualified. There was no contestant; there
| was no dispute as to the facts, or as to his
| right. The reason given by the report
above quoted, signed by the Chairman of
| the House Judiciary Committee, was that
"having been elected Senator" lit was
not proper to permit him to remain in the
| House as mcm ter"
The majority OF this Senate claim that
| the town of Westerly has been by this
action unlawfully deprived of its full
representation in Grand Committee, and
| therefore have and will decline to Join in
a Grand Committee until the membership
| of the Grand Committee is completed,
and every town fully represented therein.
The remaining proceedings on the part
| OF the Senate can be briefly described.
On the fourth day of tho session, the
Senate having passed two joint resolu-
tions of adjournment, and trans
mitted them TO the House,
and receiving no notice that they had
been acted upon, passed a resolution GER
tifying TO the Governor that there was
| disagreement between the two Houses as
| to the time and place OF adjournment.
The same day the Governor in pursuance
OF his constitutional power, adjourned the
General Assembly TO meet at the State
| House in Providence on the last Tuesday
in January, 1891.
The same day, but after it had been ad-
journed by the Governor, the House
passed resolution asking the Supreme
Court TO give their opinion upon three
questions of law.
| Did the court answer the questions so
that they could be understood? The opin-
ion was given by the chief Justice and his
five associates. have not time Co give the
opinion in full, neither is il necessary, for
presume it has been carefully
read by every member Of the General
Assembly, and IL should be read by
every voter of the State. In answer 90
the first question, as 60 the constitutional
power of the Senate TO pass resolution
of adjournment for a longer period than
two days, until after Il has joined the
House in Grand Committee TO count the
votes, etc, the court says.
"For example, suppose the House Of
Representative should unseat or eXpcl
thirty. five members. leaving only a bare
| quorum and several towns unreprCscntcd
The constitution clearly implies that the
representation Of all the towns shall
be complete, even though all the
1 l...au 81. "a 80 l..