The Providence news. (Providence [R.I.]) 1891-1906, 1901-10-24

McTammany machines must remain
In fact, voting machines OF any kind
Ii once used. must be brought into requis-
ition again.
This Is in accordance with a decision
Of the Supreme court just handed 10 Gov
ernor Gregory In response TO hiS request
for an Interpretation OF the law. Con-
forming 70 the courts opinion. town or
city can adopt a machine. but the pro-
visions Of the act regulating voting hy
machine clearly sets forth that the town
or municipality which has once voted
10 adopt the machine manner az voting
cannot return 10 the old way unless In
deed. n special act shall provide the
method.
The towns OF Cumberland and South
Eingstown were Instrumental in securing
this opinion through the governor In
Cumberland the machines were used at
the state election IN 1900. in che month ~
April. At the town election in June the
use OF the machines were discontinued
and the Ia system Of voting resOrted 60.
10 the meantime the town OF South
Kingstown flied official interrogstories,
and its uuestions were embodied ia those
propounded by the governor ia relation
10 Cumberland. The opinion OF the Su-
preme court rs sweeping I'm its details IN
that IL includes in it's answer the ques-
lions offered bv all the towns The plain
fact Is that q city or town having voted
once 20 adopt the machine method of vOt-
ing cannot change that system II can
change the machine, but IL cannot revert
10 the Australian method OF voting un-
less a special act covering that point Is
passed by the general assembly at its
next session As that viii not bO held
until after election. tie machines must
he used then In every town which has
once voted to adopt them.
QUESTIONS ASKED THE COURT.
The opinion of the Supreme court Is as
follows:
Supreme Court.
Appellate Division.
Providence Sc:
,ro His ExceIIency. William Gregory.
Governor OF the State OF Rhode Island
and Providence Plantations:
We have received from Your Excellency
a request for our opinion on the ques-
tions propounded In the following COM
munication:
lis II incumbent. under chapter ~.
passed May 3, 1900; chapter 19f passed
.nrne 30. 1900 or chapter S59 passed March
q. 1901. of the Public Laws. or all or
either OF them. for the town OF Cumber-
land to use the McTummany voting ma
chimes, so o-called. at the approaching eiec-
ton IN said town on Nov. g. 1901. In view
OF the following statement OF facts:
''On Sept %, 1900. the town council or
the Town or Cumberland voted 10 use the
McTammany voting machines at the cleo
tion then next to be held In said town
and Instructed the town clerk to make
application to the secretary OF state for
five (S) such machines and counters for
the use OF the town at said next elec-
ton. in accordance with said vote OF the
town council OF the town or Cumberland.
the town clerk made application Tn the
secretary OF state for Ave CD such ma
chimes and counters for the use OF the
town az said next election. sending 10
the secretary OF state thirty (30l days
prior 10 the time OF holding Of said state
election a copy OF the vote OF said town
council Of said town OF Cumberland
such machines were obtained and were
,rsed at the election held Nov. g, 1900
The machines were not considered sat
isfactory and Al one election since held
in said town they were not used.
SECTION OF said chapter $50 OF the
Public Laws provides that where voting
machines have been adopted they shall
there after be used In all elections. In
case A town after having used a voting
machine should desire 10 change back
to the Australian system or voting. the
chapter referred 90 appears silent as to
the nefnO0 OI SUCH tUdhltos Aiih'A Tn''
law. could town by its town council
change the system OF voting from the
machines 10 its previous method
"Thanking YOU for your consideration
Of these questions, have the honor 10
be. srs. most respectfully pours.
tSigned)
-wff.f5t7tM GREGORY Governor. :.
TIE COURTS DECISION.
-, ,..t. a., ~ ae,too
Of the town council OF Cumberland on
sent. % 1900. under the provisions of par
agraph OF chapter ga of the public laws,
nassed MAY e 1900. and then In force. was
frrevocahlo. and nnai abandonment of
the method of voting then I'm force In
that town. and an adoption of the meth
cd OF voting by means or voting ma"
chimes. The language Of the section
aforesaid IL perfectly clear upon the
point. and IA as follows:
Section /. The city council OF any city
or the town council of any town Is here
by authorized and empowered 10 adopt.
purchase and furnish for all elections In
such city or town a sufficient number of
McTammany voting machines 90 enable
oil the electors of said city or town TO
vote bv the use OF such machines for
any candidate nominated for any office
20 he filed at such elections. and also 20
vote upon any proposition or question
lawfully submitted 10 the electors ot
such city or town. Whenever said ma
ehines shall have been thus adopted and
furnished an any city or town. the cleo
ton OF all Officers TO be voted for by the
electors thereof. and the voting upon All
propositions or questions submitted 20
The electors thereof. shall be by tho use
of said machines. Provided. that the es-
-sntial provisions of existing law relative
10 the elections shall be and remain IN
FUN force. excepting az II may be neces-
~sry for the commission hereinafter cree
sted. 20 change the details OF said law
IN order 10 adopt ~ 10 the use OF such
voting machines"
This method OF voting having been thus
adopted. the general assembly enacted
,thapter ee Of the public Laws on March
y. 1901. paragraph y ~ which specifically
rspcais chapter T4. aforesaid. But said
<---------------- -