The Providence news. (Providence [R.I.]) 1891-1906, 1895-11-30
BOUNDARYLINES
Central Falls City Author
itieS in Court.
State House Land MatterAgain
Sent to Appellate Court.
Stopping an Old Drain Causes a Suit.
Important Decisions.

Before Justice Stiness this morning
John f. 6oidsworthy OF the City of 6eu--
tral Falls made application for writ OF
certiorari against the board OF canvassers
and city clerk of that city.
citation was issued last night but ac-
cordiDg TO the statements made by Mr..
Goidsworthy City Clerk Crawford could
not be served with the notice, for the
reason that he kept out of the way Of the
officer, VINO WAS charged with the SER
vice Of it. There were however four
members of the Bosra of Aldermen in
attendance.
The case as stated by Mr.. q Goldsworthy
is one 10 compel the board Of canvassers
OF Central Falls TO strike from the list OF
voters in the Second Ward the names of
II voters, who, II IL claimed, do not live
within the city limits, but are residents
OF the town ef Lincoln.
Il. NJ. Bosworth, city solicitor, stated
that the reason the names were not
stricken off was the boundary between
the city and the town IF Lincoln was
not clearly defined ano the parties had
paid taxes in the city OF Central Falls and
always voted there, and II vas never
claimed by the I. wn of Lincoln that It
had the right 10 tax these people.
Justice StIness said that be did not
see how the court could interfere in the
matter as he could not see there was any
question of law involved.
r.. ID. Bassett, who was associated with
Mr.. Goldswoithy, made brief srgu-
ment, contending that the whole ques
tion of the right TO vote Of citizens was
the issue in the matter.
Mr.. Bosworth argued that the parties
presenting the petition to the court had
no interest in the matter but the latter
did not agree WITH this view Of the mat
ter, ana ordesed q citation to issue TO the
city clerk forthwith TO appear with the
records OF the canvass meeting.
The hearing was then adjourned until
2:30 p. m.
In tho divorces proceedings of Alice NJ.
Fiske VS.. Lewis w. Fiske, Irving Cham
plin, counsel for the petitioner, read an
affidavit signed by her which she stated
that she still was unwilling 10 live
with her husband, that the charges of
habitual drunkenness and excessive
cruelty made in her petition for divorce
were true and that she was not in
fiuenced by her mother to ask for di-
vorce.
After brief remarks byS. w. X. Allen.
counsel for the respondent, the court
stated ii would consider tie affidavit
clrefully.
Chief Justice Mattpson in the case of
George Campbell VS.. James X. Hanney
denies the plaintiffs motion for new
trial.
The following rescripts were filed today:
Suprcme Council of the Catholic Knights
OF America VS.. Della Cadden ct al. The
court is of the opinion that the words
"Delia Cadden and Children" designat-
ing the beneficiaries in the benefit certi-
ficate isued by the complainan to Owen
Cadden, were intended by him TO des-
cribs his wife Della Gladden. and his
children by her, and were NOT intended
to include his children by former wife.
IIAw rtnsN II q - "a
of Probate of Tiverton. The court finds
that the instrument in writing purporting
TO be the last will and testament of
Christopher White was no. his last will
and testament.
COMMON PLEAS DIVISION.
Before Judge Wilbur and jury this
morning was tried the suit of " illiam
Eddy and another against the city treas
urer of Providence. The suit is for the
recovery of $1,000 for damage to drain
on Harding's lane by the building Of a
sewer cn South Main street. Tie drain,
to which were connected three or four
houses, was bricked up and the sewerage
flowed back into the houses tor which
the drain formerly did service, render
ing the tenements unfit for occupancy.
There was much interesting testimony
given in. this case as the highway in which
the drain is was formerly known as Cover
~
ways that were in 1871 honored with
names. In that year IL was ordered paved,
and the name was changed TO Harding's
lane on November II, 1906, and IL was de-
clared a public highway in December,
1872.
The drain in dispute was one of five
drains allowed to cross South Main street
and for which the town OF Providence
appropriated money for coverings.
{. nj. Salisbury for the plsintiff; Assist
ant City Solicitor A. a 'aker for de-
fendant.
Before Judge Douglass this morning
the matter OF quashing the proceedings
and award in the matter of land taken
by the State House Commission was
heard and denied, an exception taken and
the case certified TO the appellate divis.
ion.
Counsel for several parties whose land
was taken wanted the awards made by
the commission confirmed, but the mat
ter was ordered laid over for two weeks.
Nj. j. Fagan Is not satisfied with the
award made by the commission and his
counsel, RIB. Comstock, today claimed an
appeal
In the case OF Walter II. johnson vs..
William Il. Enos. Browne a Sharp
Manufacturing Company, garnishee, was
charged for ali. 40.
Charles III. Horton VS.. Henry T.. Sim
mons, administrator. Bill OF particulars
to be filed befors December TO-
a further hearing was had in the cases
OF Charles II. Dupont and John Perrauit,
against Deputy Sheriff Ray Huling OF the
town OF Lincoln. Judge Rogers presided.