The Providence news. (Providence [R.I.]) 1891-1906, 1896-04-24
An Important City Bill in
the Legislature.
Its Passage Will Relieve Al
dermen of ArduOuS Duties.
And Constitute the Board OF Regis
trati0n asa Returning Board.

tion OF the General Assembly at this ses-
sion the most important was pre-
sented today. 1t is bill for an act maxi
ing tho Board of Capvasesrs and Registra-
tion OF the city OF Providence q return
ing hoard in said city. and 1t was drawn
by assistant city solicitor Albert A.
Baker as result OF the following resolu-
tion passed by the City Council on De-
cember 20, 1896:
THE RESOLUTION:
Resolved that the City Solicitor be and
he is hereby directed to make application
TO the General Assembly at its January
session, A. d., 1896, for such legislation
as will authorize the City Council to con-
stitute the Board of CaDvasers and Regis
trstion a counting and returning board,
for the purpose of counting the ballots
cast at any State or municipal election
held in Providence, and OF making return
thereof to the Board of Aldermen, and
also for such legislation as will permit
any person aggrieved Dy any act, decis-
ion or ruling of the said Board OF Canvas
sers and Registration and said Returning
Board to appeal TO the appellate division
of the Supreme Court.
Ii WAS impossible to draw a bill in ac-
cordance with the literal Interpretation
of the resolutioD,as Il refers TO the ballots
"cast at any sta @ or municipal election"
ana that is too general. The Constitution
Senator and Representatives in the Gen
erol Assembly from Providence shall be
counted by the Mayor and Board OF AL
dermen and SO that election has been ex-
cepted In the bill, to avoid the snag OF
being unconstitutional. And again, rela-
tive to the votes cast for state officers
and for or against any proposition, such
as the plurality amendment, which Is sub
mitted to the voters OF the State at large,
there is State provision.for the counting
SO that has been excepted. Therefore the
bill, IL passed, will authorize the Board
OF Registration, as returning board, to
count the ballots cast for all general OFF,
GERS of the city, Aldermen and Common
Councilmen and school committeeman
and for or against any proposition sub
mitted, as merely local issue, TO the
voters of this city. The Aldermen will
still count Assembly ballots and Provi-
dence will, on the passage Of the Hill,
have two returning boards with distinct
duties.
The unique feature of the bill is that
relative to the power of appeal in the
sixth section. This is in accordance with
the last clause OF the resolution and WAS
an amendment to the first part made by
Councilman West before he would vote
for its passage.
This section makes the appellate divis-
ion OF the Supreme Court an appellate
board of canvassers and registration and
the judicial department of the State ju-
-isdiction In the political field. Hitherto
there has been no appeal from the decis-
ions OF the boards OF registration which
in most cases are the town councils.
The court has held the right merely to
compel the canvassers to perform their
duties, but never 20 rule as to the man
ner OF such performance.
THE PROPOSED ACT.
The bill Is as follows:
-=SEcTIoN /. The Board of Csnvassers
and registration of the city of Providence,
in addition to the duties now incumbent
upon them by law, hereafter, shall count
all ballots cast at any election in said city,
and determine and declare the result OF
such election in all cases where the bal
lots are now counted aud the result OF the
election is now determined and declared by
the Mayor and Aldermen OF said city; ex-
cepting that ballots for Senator and
Representatives in tie General Assembly
shall be counted and the result of the elec-
tion for said offices shall be determined
and declared by the Mayor and Aldermen
according to the laws existing prior to
the passage OF this act. Said Board of
Canvasscrs and Registration eball also
count, determine and declare the results
of ell ballots cast In said city for and
against any proposition submitted to the
electors of said city other than PROPOSE
tions submitted to the people of the State
at lsrge.
SEC. q Said board shall meet at 9
O'Clock a. m. at the city hall of said city,
on the next secular day after any such
election or day of voting upon such ques-
tions as aforesaid, and shall commence
such count ano continue the same, on
every secular day thereafter until said
count Is fully completed Said ballots
shall be counted by the members OF said
board in person and In open meeting,
and any candidate for any Office TO be
filled at any suoh election, or any person
authorized by him in writing may be
heard for or against the counting or re-
lection OF any ballots cast thereat, and
said board shall determine all questions
as to the validity OF such ballots. Upon
the completion OF said count, said board
shall record and certify over the sigma
lures OF its members or quorum thereof,
in book kept by them for such purpose,
the number of ballots given in at such
election, specifying the names of the
persons, for what offices, and the Nun ber
OF ballots given In for each, and also the
number OF ballots cast for and against
any such proposition, and forthwith
shall publicly declare the result thereof
and shall on the fourth day after such de-
claretion certify said result and deter
mination to the city clerk, except SO far
as their said count end determination is
contested in the manner hereinafter
provided and said city clerk shall there
upon issue certificates of election TO the
person certified by said board 10 have
been elected. and In case OF the adoption
or rejection OF any such proposition shall
take any subsequent action required OF
him by Law. Whenever u shall appear
from the certificate of said Board that no
person has been lawfully elected to any
Office said city clerk shall, theroupon,
forthwith notify the Mayor OF said city
In writing, and as soon as may be there
after said Mayor shall convene the Board
OF Aldermen and said Board of Aldermen
shall issue warrants Tor another election
10 ill the vacancy; and 40 frCm time to
time shall order new elections until such
vacancy shall be filled provided, how.
ever. that period OF not less than seven
nor more than ten days shall intervene
between the time said city clerk shall be
notified as aforesaid and any such cleo
tion.
Section 3-An appeal from said count
and determination OF said board OF the
result OF the election for any office or
offices may be taken by any candidate
or candidates for such Office or offices. by