The Providence news. (Providence [R.I.]) 1891-1906, 1896-05-04
STATE AND CITY.


UT1CfTH, q.
city engineers, surveyors, etc, continues.
"Their duties aud functions relate exclu-
sively TO the local affairs of the city,
and the city alone Is interested In their
conduct and administration" And al
ter enumeratipg certain officers specit-
cally mentioned In the constitution OF
Virginia the court says: "The difference is
that while they are elected or appointed
for the city and while their jurisdiction
Is confined to the local limits, their
duties and functions In measure con-
cern the whole State. They are State
agencies or instrumentalities operating
TO some extent through the medium OF
city charters in the preservation of pub
lie peace and good government. However
elected or appointed, however paid, they
are as much state Officers as constables,
justices OF the peace and commemorative
attorneys whose jurisdiction is confined
TO particular counties. After citing four
pages OF cases supporting this PROPOSE
lion the court continues. "The distinc-
tion recognized in all OF them Is between
ofiicers whose duties are exclusively of
local nature, and officers appointed for
a particular locality but yet whose duties
are OF a public or general nature. When
they are OF the latter character they are
State officers whether the legislature itself
makes the appointment or delegates its
authority.to the municipality. 'These
are the principles already established by
the cases already cited. Against them not
decision. not eve@-the dictum OF
writer has been produced.
And see also State V. Hunter, 3S Kas
p. 5S1.
The mem bers of the Board OF Canvassers
and Registration of the city Of Providence
are not, therefore, in any sense municipal
officers, but they compose, rather, a state
commission which deals solely with ques-
tions involving the rights OF suffrage
conferred by the State and federal consti-
tutions and by State and federal laws,
and which discharges on purely nun ici-
pal function whatever. While the Legis-
lature has vested their selection in the
City Council, they are not removable by
the city council, neither can their powers
be enlarged, nor their duties be diminish
ed by that body or by any municipal
authority. All their powers and duties
without exception are conferred and i'm
posed directly by State law and not by
the city charter or by municipal ordi-
nance, and their whole function IL a
state function rather than one which 10
municipal IN its nature. Ii is true that
the determination OF the constitutional
and statutory qualifications OF elec-
tors for municipal elections has been
committed to their hands, yet in ad-
dtion thereto they also determine what
persons out OF nearly ope-half of the pop
ulation of the State are qualified under
the constitution and the laws TO exercise
the electoral franchise for Governor, lieu
tenant governor, 81 cretary OF state, attor-
ney general and general treasurer, IL
mem Ders OF the House OF Representa-
tives, one state senator, representative
IN Congress, and four electors OF presi-
dent and vice pres ident. 1t follows, ac-
cordingly, that the State, as WHOLE
both in respect of its federal relstions
and in respect OF Its own general officers
and its Legislature Is moro directly and
afalN txA 49,
action of this board than by any depart
meDt OF the municipal government.
And II also follows that the State, hav-
ing created this tribunal and having
subjected 1t TO stringent penalties for
vioistion of the statutory duties imposed
upon 1t in respect of its relation to State
and federal elections as above specified,
has not only the legal right, but is under
TIE moral duty to provide al adequate
and necessary means and agencies
for the proper performance OF those State
duties which are required at its hands.
Among these means and agencies are the
making of suitable provisions by law for
the support and compensation of the
mem bers thereof as well as for all need
ed assistance in tue discharge Of its du-
ties.
second. II becomes clearly apparent
that tie present method of com mpensating
this board is anomalous and exceptional
the assertion of the right ana in the dis
charge of the duty above set forth mas al
ready fixed by law the compensation TO
he paid TO the members of tbirtytwo OF
the thirty-seven boards OF canvassers in
.he State (See General Laws, Chap. &, Sec.
2l) as follows; 1.-The members of the
boards OF canvassers and the clerks of
such boards in the several towns shall be
paia = each by ir respective towns,
for every days attendance IN the dis
charge OF their duties" While the Legis-
lature has wisely declined to prescribe the
compensation TO re paid to members of
the several town councils when enga ged
in the management and determinat ion
OF purely local and town matters, yet
when these same town councils meet as
bonrds of Canyassers under the same
stringent penalties and liabilities and TO
exercise the ame powers and discharge
the same duties relative TO State and fed
eral elections when the law OF the State
imposes also upon this board-the State,
with equal wisdom, has fixed by law the
compensation which they shall severaliy
receive from said towns therefor and
which cannot be diminished by SAID
towns.
Ii cannot, OF course, be for a moment
questioned that the Begjs lature may law
fully require OF city TO do in this regard
thar which for more than 40 years IL has
required 10 be done by every town in the
state.
Moreover, before the creation of this
board, the compensation OF the several
boards OF canvassers in the city of Provi-
dence was left by statute public stat
uTes. Chap. 8, Sec. 2l) entirely aud with
out limitation as to amount 10 the boards
OF ganyassers themselves, for in their
aggregate caracity the members OF said
boards constituted both branches OF the
City Council OF said city and possessed
the power OF determining their compen-
sation as such boards of canvsssers even
as against the veto OF the Mayor.
And IN the other cities OF the Slate to-
day 10 compensation can he established
for the bonros OF canvassers therein with
out the assent OF such boards of canvas
serg thereto. since the concurrence OF the
several boards OF aldermen therein (who
compose the boards of canvsssers in these
cities) is by state law required in each
case before the same can be determined.
BY the proposed amendment the Board
of Canvassers and Reg gistration in the city
OF Providence does not seek the power of
fixing It's own compensation. which was
accorded without reserve TO its predeces-
sors In this city, neither does it seek he