The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-24
VOTING MACHINES
MUST Be UTILIZED.
Supreme Court Decides That Once
Adopted by Town or City They
Cannot Be Set Aside.

! chapter so contains the following pro-
vision IN paragraph thereof;
"rn every city or town where voting ma
chimes have been adopted. "A sufficient
number Of such machines shall be pur-
chased 10 enable an the electors 81 such
city or town 90 vote by tho use of such
machines and thereafter the election az
al officers hy che electors thereof and
the voting upon an propositions on ques-
tiOns submitted 10 -tbc electors thereof
shall be doue hy the Use of such nla-
chimes. except as provided i this act;
Provided. that the voting in annual or
special town meetings upon propositions
"a impose a tax or upon questions IN vot-
iug the expenditure OF money need not be
40 done
CUMBERLAND MUST KEEP THEM
The town OF Cumberland having there
fore adopted the method OF voting by
voting machines, and the election 90 be
holden iu said town on Nov. g. 1891 being
an election held thereafter" n follows
that said paragraph s OF chapter $50 con-
iinues and confirms the method OF voting
by voting machines heretofore adopted
by the town. acting through the power
vested ia It's town council by said chap
Ter df We find no provision in the act
above referred 20 which authorizes
town or city to adopt the method OF vot-
ing machines for one election only The
adoption % such "a method OF voting
when once made ~ an adoption OF the
method OF voting By voting machines for
all elections enumerated In paragraph 8
al chapter $50. In This connection we deem
u proper 20 state that we are also OF the
opinion that a town or city IS not OF ne
cessity bound 10 use at all times thereaf-
ter the specific voting machine which IL
may have adopted st any given time.
provided other voting machines are sea-
sonably chosen from among those voting
machines which have been approved by
the state returning board under the pro-
visions of paragraph OF said chapter sA.
as follows:
The state returning board shall from
time to time examine such voting ma
chimes as la It's opinion VIII probably
comply with the requirements Of this act,
and II satisfied az to- the durability, ac-
curacy, efficiency and capacity OF any
such machine, and that IL does comply
with the requirements of this act. shall
approve the same. and thereafter such
machine may he used ps provided In sec
tion hereof Ia making such examina-
tion said board mav employ mechanical
experts tn assist VI. and The bill for the
services OF such experts shall be paid. by
the person or persons offering such ma
chine for examina ton, before such exam
ination IL had
Section OF chapter so IL az follows:
The clerk OF any city or town which
adopts and purchases voting machines in
accordance with thy provisions Of tfti-
act. shall forthwith notify the secretary
OF state OF such adoption and purchase,
and no such voting machine shall be
used In any election Ia any such city or
town until 30 days thereafter"
TOWN is HELPLESS.
| the election of Nov. r. 1901 Is less than
\ the 20 days referred 10 .n said section. II
| follows that the first question submitted
| by Your Excellency must be answered IN
| the affirmative. and that IL II incumbent
| upon the electors OF the town OF Cumber'
land to use the McTammany voting ma
| chimes at said election.
The second question by Your Excel.
! lency must be answered IN the negative
| A town by its town council cannot change
| its system OF voting from the use Of vot
| ing machines Ia tho method IN use prior
! 60 their adoption, subject of course. e
| the proviso contained in section OF chap
| ter $50. concerning the change from one
! voting machine 10 another authorized by
! the state returning board and adopted
| more than 30 days prior 90 any election.
| The chief justice Is absent from the
| state. and we have not been able TO con.
| fer with him.
PARDON r. T1LLINGHAsT,
GEORGE a. WILBUR.
UORATIO ROGERS.
VIM. w DOUGLAS
EDWARD CHURCH DUBOIS
JOHN TAGGART BLODGETT.