The Providence news. (Providence [R.I.]) 1891-1906, 1904-10-26
CLERK
To ACT AS
JUDGE


on nomination papers from the Third
ward in support OF the Independent"
ticket were pressed violently today to
the board OF canvassers and registration,
and the city clerk. Colonel William +.
Clarke, by the supporters OF the regular
Democratic ticket. with the result that
Colonel Clark applied TO the city solicitor
for a ruling in regard 20 the matter.
The matter was discussed by the So
licitor and his assistants the complain
ants and members OF the board OF cam
vassers in the private office OF the city
clerk and as a result, public nearing
OF the matter was sent down for p. m,
today.
In advising Colonel Clarke what steps
TO take In regard 10 the matter the city
solicitor rendered his opinion in writing
as follows:
Colonel William T. Clarke. City Clerk:
Dear Sir-In reply TO your request to
me Yesterday for my opinion relative
10 your legal duties as city clerk with
reference 10 the charges made TO you
that the names Of voters have been frau-
dulently and illegally placed on the nomi-
nation papers. filed with you under the
designation of Independent nomina-
tions for alderman and councilman or
the Third ward, and that such papers In
the case OF some Of the names thereon
were-not signed by the voters themselves
/ have the honor 10 advise as follows;
SOLICITORS RULING.
Under section 26 OF chapter IL, OF the
General Laws, 1t Is your duty 10 provide
the ballots for the election OF the city
and ward officers.
Saction % of the same chapter provides
| that every ballot shall contain the names
| OF all candidates whose nominations lot
| any offices specified in the ballot nave
| been duly made and shall contain TWO
| other names.
Therefore II you should find that as a
matter OF fact said nomination papers
| are fraudulent and illegal and do not con-
| tain the names OF 80 quallned voters
| which were signed by the voters then-
| selves. l believe 1t is your duty as city
| clerk not 10 carry on and aid such frauo
| ana jleeality but 10 decline TO place up
| on the ballots any nominations ilesaliy
made. I further advise that you shoulu
| give all parties an opportunity 10 D.
| heard and present, evidence as to said
charges OF fraud and illegahty.
Respectfully yours,
(siened) FRANCIS COLWELL-
| CoMPLAINANTS HAVE AFFIDAVlTs'
The board OF canvassers and registra-
| ton certified 10 the city clerk that the
| Third ward Independents had "a names on
| their nomination papers but the Dunn
| faction's representatives allege that sew
| eral OF these men. were wrongfully certi-
| fed to, as having a right TO sign nomina-
| ton papers
They allege that James Parker voted a
| year ago in the Democratic caucus IN
ward and that William Slade had his
| name checked as having Noteu ia NC
| publican caucus.
Furthermore and here lies the serious
part OF the allegations OF the Dunn fac
| ton. IL is alleged that Wayland A Whea-
| ton. lS5 Smith street, Edwin z. Lewis OF
| Ii Holden street and Roger Guthrie or 81
| Candace street have made afridavits tha'
| they did not sign their names TO the pa
pers. though their names are among the
| others
The Dunn faction has been busy seeing
| others also and IL was said this afternoon
| they had secured other similar anil
davits to present at the bearing this af-
| ternoon and they believe that between
the errors OF the canvassers which they
! allege are very palpable, and the alleged
| false signatures they will be successful
| in throwing out the nomination papers
because there will not be the necessary
| so remaining.
councilmen sisson and Peterson Of the
! Second ward have also reawakaned their
nomination papers which were rejected
because the larger part OF the signers
used their first initials instead OF the
whole christian names, and were sucSess-
full in getting the canvassers TO consent
| TO a reexamination OF the lists.
Now that the canvassers have started
| TO revise there will probably be no end
to that sort OF work for them. for there
are several others who may apply.
The revision was decided upon by
| Messrs Whitley and Molloy who had an
Interesting seance In the city clerks
office with the two councilmen and the
city solicitor, the details OF which were
! not given out.
A number Of persons who are interested
In the Third ward muddle were notified to
be present at the hearing this afternoon,
| and an interesting time Is anticipated.