The Providence news. (Providence [R.I.]) 1891-1906, 1896-10-28
PaWtuCket Candidates Ap-
ply to the Court.
Want Names Placed Upon
the City Council Ballot.
Citation TO Clerk Sibley Issued, Re-
turnable Forthwith.

The rather warm political war now
going on IN Pawtucket was brought to
the attention OF the Appellate Court to-
day. This morning Attorney Thomas Z.
Barnetield died a petition for a writ OF
mandsmus In behalf of Frederic Bin
ford, candidate for Alderman in Ward ],
and Edison Il. Cheever. FRANK Harrop
ano IRA p. Allen, candidates for Common
Council In the same ward, asking that
Alden W. Sibley, city clerk. oe directed
to place their names upon the official bal
lot in the municipal election to be held
at PawtucKet next Tuesday. The petition
recites that petitioners were nominated
at political gathering in Pawtucket,
and tied WITHIN the time required by law
nomination papers with 100 signatures Of
property taxpayers required thereon by
law. That some time after the fling
OF such papers they were informed by
tho city clerk OF Pawtucket that some OF
the signers of the nomination papers had
not paid their taxes on personal property
ana were not qualined to vote at the city
election, and the names of the candidates
the ballot. Ihe petitioners further claim
that the action Of the city clerk of Paw
tucket was wrong and ask that he be
compelled to DO his legal duty in the
matter.
A citation was issued, returpable forth
WITH, ana the hearing on the petition
was begun shortly after 2:30 o'clock.
The case hinges on whether or not one
has TO be fully qualified to vote for an
Alderman or member of the Common
Council in order to have his signature 10
nomination paper for those officers,
that Is, must the signers OF such nomina-
tion papers who are qualified TO vote for
nom oers OF the City Council have paid
their personal property ta&es before they
sign?
Thomas Il. Barnefeld, counsel for the
petitioners, after reading the petition for
the writ, handed to tn chief justice and
Justices Stiness and Wilbur who sat with
him. a copy of the nomination papers,
and also certificates from the city treas
urer OF Pawtucket, showing that several
parties signing nomination papers had
not, when they signed them, paid PER-
sOnal property taxes, bnt had since paid
them. There was a protest placed with
the city clerk against permitting the
filing of tho nominations, on account of
the non-payment OF taxes, and this re-
duced the mum rer of signers to 81. There
must be at least 100 signers In order to
have the nominations go on the ballot.
City Solicitor j. l.. jerks, counsel for
the city clerk, asked that the petition be
dismissedd and saic tie question before
the court was neither or no the first en-
oorsement OF the city clerk certifying
that 1C3 OF the 1n5 names on the list were
those of qualified electors could after
ward change that Endorsement. Mr..
jerks clsimed that he could do so il be
found he mad been in error in this first
place.
The court intimat,d that the first GER
tificate complied with the law In the first
endorsement, claiming that the word
forthwith implied an immediate certifi-
cation OF The names on the nomination
psrers. Judge stiness. by bis questions
TO Mr.. jerks, showed he believed that
the names of the men on the canvassers
list wes evidence that they were entitled
to vote.