The Providence news. (Providence [R.I.]) 1891-1906, 1895-03-20
Local Option Will Be Voted
on in Pawtucket.
Supreme Court Declares the Names
on the Petition Are Valid.
Clerk Sibley Must File Certificate
With the Secretary Of State.

The petition OF Robert Cushman, ct. al.
against Alden w. Sibley, city clerk OF
Pawtucket, for writ OF mandamus, was
heard on its merits this morning Dy
agreement of the parties in interest. Inc
point involved related TO petition
filed with the city clerk OF Pawtucket
asking that the question whether tho
city should grant license for the sale oil
Intoxicating liquors or not during the
coming year should be submitted TO
tho qualified voters at the April
election. The city clerk under advice re-
fused TO file petition with the Secretary
of State as required by law, claiming that
1t did not appear that 10 per cent.
of the voters OF Pawtucket had
signed this petition. Williams d
Tower appeared for the petitioners and
Walter f. Angel, in the absence
of the city solicitor OF Pawtucket,
for the respondent. Mr.. Williams
read the petition and then Mr..
ANGEL stated that by agreement the
matter would he heard just as
IL an alternative writ of mandamus had
been issued and the respondent would
forthwith reply showing reasons why he
had not filed the certificate with
vided by law. Mr.. Angel
said that Mr.. sibley's position was not
hostile to the petitioners. IL was pro-
vided by the public laws that the electors
of the several cities and towns should vote
for or against the sale Of Intoxicating
liquors, provided that no vote should
be taken unless q number OF electors
equal to 10 per cent. of the voters in the
cities and 10 per cent. in the town shall
file petition with the city or town clerk
ut least 20 days before the election asking
that the question be submitted. Ten
Per cent. of the number of electors in the
city of Pawtucket would equal 40 per-
sons. The petition presented contained
over 800 names, but out OF these 40 per-
sons were known not to be qualified
voters. Besides, there were 1913
names signed, as far as the
1t was claimed on one side that these 1873
names are sufficient, but on the voting
lists the names are written in full, and
the city clerks position was that he could
not tell whether the names in the petition
which were not signed in full were
those of qualified voters or not. Mr..
Tower replied that the names were prima
facie evidence which the city CLERK was
bound to accept unless proof to
the contrary was shown. Carrying
the matter to its ultimate result
Mr.. Sibley might refuse to accept any pc
tition because he could not be sure that
the men who were alleged TO have signed
it really did. Something should be taken
for granted. and when person claimed
to be qualified voter II should be ac-
cepted as fact unless proved to
the contrary. The court denied that the
good faith OF the signers were presumed,
and considered that the petition was to be
taken as prima facie evidence. A decree
was accordingly issued directing the city
clerk to file forthwith with the Secretary
OF State q certificate that the question,
"WiIi this city grant license for the sale
Of Intoxicating liquors?V Is to be sub
mitted to the vote OF the people in the
city OF Pawtucket and also that
he shall insert the proposition providing
for taking such vote in the warrant CALI
ing the ward meetings. Under the law
this certificate should have been
filed at least Is days before the
election. The time limit expired last
night, but this fact will make no differ
ence to the submission of the question,
and the Pawtucket Prohibitionists will
have an opportunity to vote against
license.
Before Mr.. Justice Rogers today the
case OF Alfonso Deslauriers against
Carlos s. Rogers was heard. This
IL suit of trovor to recover
some 5000. Alfonso Deslauriers some
two years ago obtained bill OF sale from
Oman Houle OF Pawtucket of Houle's
property in saloon. Immediately after
ward O writ OF attachment was served
against Houle who made an assignment.
Dcslauriers claims that he owns the prom
erty attached, and brings suit against the
sheriff to recover it.
The Appellate Court today in the case
of Wilmarth III. Colwell VS.. Laura A.
Burgess ct. al. handed down decree
ordering that the complainant pay to the
defendant the sum OF s2260.