The Providence news. (Providence [R.I.]) 1891-1906, 1903-12-22

doubt had arisen among the justices
or the appellste>division as to the power
Of the court TO grant a mandamus. and
as many OF the other Justices as were not
otherwise engaged assembled for the pur-
pose OF determining the point. After able
arguments by Rathbone Gardner and
United states District Attorney Charles
A. Wilson a surprise was given the at
torneys.
CHIEF JUSTICES SURPRISE.
Chief Justice stiness called the atten-
,ion of counsel 20 the unrNported case OF
Knowles, petitioner. IN which the court
held that II could grant no relief, as the
law compelled the moderator 10 seal up
the ballots and hold them for the general
Assembly.
The point was so important however.
desire that counsel file brief.
Mr.. Gardner In his brief says the ques-
ton raised Is can the court. even " "
has. under the constitution. authority 10
issue q writ OF mandamus requiring the
moderator OF a town meeting to countthis
vote or a vote or votes cast for a mem
Der OF the house OF representatives, and
90 declare the result. issue such writ af-
ter the ballots cast out at such election
have been sealed up and deposited AS the
law directs?"
starJte OF the state, chapter IL, sec
tion s. OF the General Laws. Mr.. Gardner
declares expressly requires the court TO
do so.
This statute especially contemplates,
Mr. Gardner argues, that the writ shall
be issued after the ballots have been seal
cd up and deposited. After defining the
duties OF the moderator under chapter 500
OF the Public Laws which provide that
election officers are 10 proceed 10 count
tho ballots I'm open meeting and TO an
.nounec the result that they are to make
record thereof at the melting, seal up
he bel tha la nn a ~ ed
by any moderator or any other person
upon any pretence whatsoever except by
boards or councils authorized by law TO
count the same. the point Is made that I'm
tho care OF towns not divided into voting
districts therc Is no board or council au-
thorised to count the ballots for repre-
scntatives.
NO VOTING DISTRICTS
North Providence is not divided into
voting districts and the ballots go TO the
state returning board Section IL OF Chap.
S2S is held 10 apply only 10 ballots scaled
up after recount.
''If, therefore, the court has lost it's
power 10 order the votes 10 be counted
and the result to be declared as soon as
tho ballots arc scaled up. IL must. In order
To perform the duty which the statute
onIoins upon It. issue its writs before tho
adjournment OF the town meeting at
WHICH lNf NbAtS tIf fd-ls MS Is, OF
course. an impossibity. and tho statute
itself provides that the moderator shall
have thc time specified to wit. until the
adjournment OF the town meeting TO per-
form his duty and that no writ shall be
issued until the expiration OF the time
specified says counsel for Dr Corbctt.
afThc court has tho power to appoint a
pcr7on To count tho ballots under section
scven OF chapter II IL is also asserted
Ia this case. however. Mr.. Gardner says
tho mandate Of the court can he obeyed
without the necessity of opening the
package OF ballots as the moderator ad-
mits in his answer that the ballot in dis
pute was marked I'm such a manner that
should be legally countci
NOT GOOD LAW
The case of Knowles petitioner Is so
far as Il holds that the package OF sealed
ballots is beyond the control OF the
moderator when armed with the writ OF
the court. MIR. Gardner contends is not
good law.
Tie says also ON this point. that no
briefs were filed and the ease was leanly
argued and tho court appears 10 have
overlooked entirely for It certainly does
moi refer To- the provisions OF general
Jaws. chapter a. section seven.
\ stin further statement is that from
fhe NEWSPAPER statements II appears
tha he case was argued I'm the morning
aud decided in the afternoon.
In concluding his briefs Mr.. Gardner
contends that II the ballots arc beyond
the control. of the court not only II the
court disabled from performing the duty
which the statute imposes, Of using It's
writ TO compel the performance OF duties
connected with the counting and certify
tng OF votes. but there can he no evil
dence produced upon which to convict
aud punish elective officers FOR wllfui
Violation OF the most important laws on
The statute book
sI.t