The Providence news. (Providence [R.I.]) 1891-1906, 1904-10-27
COL. CLARKE
HEARD Sd
WARD CASE

The contest over the nomination papers
OF the Devlin ticket In the Third ward
was carried on before City Clerk william
T. Clarke. In committee room A at city
hall, yesterday afternoon and at that
time three citizens testified that the
names purporting 10 be theirs on tho
nomination papers. were forseries as they
. did not sign them.
The hearing was held although there
were protests regarding the legal right OF
the city clerk to act in a judicial capacity
About four o'clock a number OF city Of
ficials. representatives OF tho two fsc-
tions, assembled In the room adjoining
the city clerks ocfics.
City Clerk Clarke announced that the
meeting was held to take testim my In
support OF the charges made that names
had been placed on nomination papers IL
legally. On the suggestion OF Assistant
City Solicitor Albert A. Baker he read
tho opinion OF the city solicitor relating
10 his duties In regard to the matter.
Councilman Thomas J. Flynn imme-
dlately arose and announced that he had
a witness he wished TO testify.
Councilman Devlin said he entered
formal protest against the proceeding or
the hearing the city clerk having already
certified to the nomination papers.
Col. Clarke said that inasmuch 60 the
certiication was to himself the matter
could be reopened at any time TO invesu-
gate charges OF fraud.
Assistant City Solicitor Baker said he
did net think that Mr.. Dsvlin understood
the scope Of the decision.
Peter C. Cannon said he supported the
protest Of the councilman from the Thiro
ward. II was previously decided by the
supreme court two years ago that the
names having been certified TO by the
proper official. the city clerk II was the
duty OF the city clerk TO put them on the
Official ballot. II approved by the canvass
ers
Mr. Cannon said he did not see that the
city clerk, backed though he was by the
city's law department. had jurisdiction In
the matter.
Mr. Cannon also inquired by what right
the directors came there to inquire.
Mr. Flynn said: The same right that
you come here by"
Attorney Baker said that this question
was much broader than the other case
which the court refused TO reopen, as
there is a charge of forging of signatures.
What about the authority OF the city
cierk?" asked Mr.. Cannon
1T is the opinion of the law depart
ment that any city omclai II not pouno 10
aid any fraud" said Mr.. Baker.
He said he had not considered how far
this power with which the law depart
ment had vested the city clerk would go.
but that would be decided later.
| 1t Is not q judicial power. as was the
case with the board Of canvassers recent
| ly.
1.-THE case will proceed" said the city
/ clerk.
Caleb Congdon, 10 Davis street, hard
ware merchant, was sworn and testified
that he had not signed any Third ward
nomination papers nor had he been asked
! TO do so.
He said the name Caleb Congdon' or
I the papers was not written by him.
Mr.. Flynn presented affidavits OF Way.
land Wheaton, los Smith street: Edwin
p. Lewis. IL Holden street. and Roger
| Guthrie OF 36 Candace street. TO the eff.
feet that they had neither signed nor au-
thorized the signing Of nomination papers
headed by names OF John I. Devln for
alderman and James J, McGovern. james
j. Nolan, Jr., Arthur l. Tanning end
william p. Nolan for the common coun-
! ell.
Messrs. Wheaton and Guthrie also ap.
peared and stated substantially what ap-
peafed In their depositions.
The hearing was adjourned TO this
morning at 10 o'clock.