The Providence news. (Providence [R.I.]) 1891-1906, 1897-04-17
Court Gives Hearing On
East Greenwich Case.
Opponents of Mr.. Allen Argue
for Another Count.
His Counsel Contend That the
Court Has no Jurisdiction.

The hearing on the mandamus proceed.
ings begun by Samuel N. Knowles, late a
candidate for the house of representatives
from East Greenwich, against Thomas
W. Chace ana George A. Loomis, moder-
ator and clerk of the town meeting held
on the 9TH inst. took place before Chief
Justice Matteson ana Justices Stiness
aud Tillinghast this morning.
The petitioner asks the court TO direct
Messrs. Chace and Loomis to count the
ballots east at She election wherein
Speaker Allen and former Senator
Knowles We're candidates for the house of
representatives within "a hours At the
close OF the poll the moderator counted
one-half the ballots and the clerk the
other half, this being admitted by both
SIDES. The petitioner claimed the lam
guage OF the constitution made it impern-
tive for the moderator To count ali the
ballots. The main point in the respond
ents' ease was plea 10 the jurisdiction of
the court, they claiming that after the
counting of the votes for senator or repre-
sentative and the announcement of the
result the ballots were 10 be kept in the
custody OF the General Assembly.
Albert X Greene of counsel for the re-
spondent stated that the proceedings were
not begun To try anyone's title TO an
OF an election dispute, but was one simply
to have an election officer perform his
constitutional duty.
The court said that the respondents
should first present their case, as they
were present to show cause why they
shouid not Do compelled TO make the re-
count.
Then came little surprise for the
anti-Allen forces for Walter Il. Vincent.
counsel Tor the respondents entered n plea
TO the jurisdiction of the court. This did
not strike the counsel for the petitioner
very fayorably and they claimed it was
the taking OF an unfair advantage, as
they did not know that such plea would
be fled. Mr.. Vincent said he had filed
tne plea at the hour named for his clients !
TO appear The court agreed with him.
h'r. Vincent procecded 10 argue that |
The law provided that the ballots east for |
and representatives should remain |
In tho custody of the town or city clerk |
subject TO the orders Of the General |
Assembly. Upon this point counsel dwelt |
it some length urging that the court had |
10 right whatsoever To Interfere with the |
)allots which had in fact been counted.
The second point was in the nature of.
!. demurrer and alleged that tine petitioner
lid not show how he had been wrongcd
n any way or that if the Lallots had oil
,eefi counted by the moderator the result
would have been different.
linen the attention OF the court was
allied TO the fact that in Providence clerks
ount the votes and not the aldermen and
hat the provision in the constitution did
lot mean that the moderator should per-
onally count the votes. his supervision
4 the count would be enough.
In concluding his argument Mr.. Vim
cnt urged that each house of the General
assembly was the judge of the qualiflca-
ion of It's own members.
Judge Stiness quered if the same relief
hat was prayed for from the court could
ot be obtained from the General Assem-
ly
Albert Il. Greene of counsel for the !
argued that the only question |
'as whether or not the constitutional |
revision as TO the counting of all the bal
ITS by the moderator had been complied |
18th or not He maintained that il tho
aliots were not properly counted they
ere not under the orders of the Genernl |
ssembly at present MIR. Greene called !
40 attention of the court 60 the statutory
revision providing for the issuance of "A
landamus in cases that were of the same
ature as the present one.
After brief discussion between conn.
! and the courtl the case was held for
lvisement.
Several prominent citizens of East
attended the hearing and ! !
aited around the county court house i'm | /
10 hope that the court might rive an
decision, but they were dis :
,pointed {