The Providence news. (Providence [R.I.]) 1891-1906, 1895-10-30
LAST
EDITION
4:45 O'CLOCK.
ARGUED TODAY.
Rights Of Registry Voters
| Questioned
Abolition Of Johnston School Districts
Considered Today
Jury Disagrees In the Moran Will
Case-Other Cssea
Abolition Of Johnston School Districts
Considered Today
Jury Disagrees In the Moran Will
Case-Other Cssea

the town authorities came before Chief
Justice Matteson aud Justices Stiness and
Tillinghast this morning on the appoint
ment of commissioners to appraise the
value of the school istricts.
Town Solicitor Frank w. Tillinghast
submitted brief that dealt fully with
the points raised. These were whether
the question OF .abolisbing the districts
was legally before the town meeting held
on the first Monday in June and if under
the constitutional and public laws Of the
State registry voters had the right TO vote
upon the question OF abolishing the
school districts.
. In the brief it was set out that chapter
4s7 OF the public laws provides that the
matter OF abolishing school districts
might be voted upon at any town meet
ing provided IL WAS duly inserted in the
warrant and that such question WAS duly
inserted in the warrant for the election
named. In regard TO the second question
the town solicitor contends that the chap
ter named provides for the change in the
school system and that the claim that
the vote to abolish school districts in the
town 10 necessarily a proposition 10
expend money, can not be mentioned. MIR.
Tillinghast says il should be remembered
that schoolk kdistricts are only quasi-corpo
rations with limited powers; that school
property held by school districts is held
exclusively for the public use and the abo-
erty from one trustee TO another. The
argument is advanced that although
nearly all questions that come up in town
meetings are indirectly connected with
taxation, still a vote to abolish school dis
tricts is not vote to impose tax or for
the expenditure of money ana thar article
OF chapter limiting the rights OF reg
istry voters must be strictly construed
and cases are cited in support of this
contention. Attention is also called TO
the fact that in the election OF members
of the Town Council, who must necessarily
expend the money OF the town, registry
yoters take part.
Il. W. Bosworth, who appeared for John
q. Winsor a qualified tax paying voter OF
the town, in opposition 10 the validity OF
the vote referred TO, IN his brief claimed
that the town meeting at which the prop
osition to abolish the district system
must be one in which only qualified
voters take part and that the word voters
as il appears In the statute or laws OF this
State must not necessarily y-he-gi giYen n
general significance, but be governed by
constitutional Limitations.
After reciting the many things done by
school districts requiring the expenditure
of money, and in which the regis ry voter
has no voice, MIR. Bosworth argues that
the vote to abolish the school district
vests the district property in the town,
and is therefore a vote not only TO change
| the management of the public schools
interest, but also to take property, and
in this the registry voter can take no
part. The final claims are that the word
| town in section / o. chapter 447 must be
! construed TO mean voters qualified TO vote
upon an expenditure OF money and that
| the voting OF registry voters on the mat
| ter in dispute was unconstitutional
Some minor points were touched on by
| the counsel in their oral arguments.
The court held the matter for advise
| ment at the conclusion of the argument.
The other cases heard TO-DAY were:
| Roswell o. Whitney et al VS.. Mary
Harrington ct al. Heard on demurrer TO
rule.
Cooke & Ange II and Charles f. Sails
bury for plaintiffs; Van SIyck d Mum
| ford for respondents.
| COMMON PLEAS DIVISION.
The jury In the case of Henry A.
| Greene, indicted for an ASSAULT with q
pistol on George Haskell, this morning
| brought in verdict OF not guilty. At
torney General Dubois for the State;
John NJ. Brennan, assigned by the court,
for the defendant.
Joseph Lescoe OF Woonsocket and
! Walter Comstock OF Cum berland. in
dicted for maintaining common nuis-
auces, today pleaded nolo contendere &c
the indictments pending against them,
and sentence was deferred in each case.
THE MORAN WILL CASE.
The jury having under consideration
! the Moran will case failed to agree and
were discharged at O'Clock last even
| ing by Judge Rogers. II is stated the
! jury stood to 4 against the will.
LAND OWNER SUES
The only case tried in this division o.
| the court today was that of Charles NJ.
Salisbury against Fred Il. Shaw. This
| plaintiff claims that in the construction
| OF sewer on Dyer street q bed of quick
sand was struck near the defendants
| property on the street, and that the dis
| turbance Of the sand caused his building
| TO be undermined and that the tenants
! he had let ii TO we're forced TO move out
and he losS their rent. While he admits
| that the defendant put the property AGAR
| in as good condition as IL was before th'
| sewer was built on the street. he claims
| he has lost something over 900 In rem
| and he seeks a remedy vi the hands OF q
| Jury of his countrymeD..
| The defendant denies that he is liable
to the plaintiff in any sum whatsoever