The Providence news. (Providence [R.I.]) 1891-1906, 1905-10-09

Charles NJ. Kelly was the relator and
claimed It was his desire TO be candi-
date for the nomination for school COM
mittee at Democratic caucus called by
Chairman Barr for Wednesday. oct. llth
and which caucus the board had decided
could not be held.
AN INCHOATE RIGHT
The chief Justice early in the hearing
referred to Mr.. Kelly's right AS very
inchoate one. There was no decision an
nounced when the hearing concluded.
Richard b. Comstock. senior counsel for
Mr.. Kelly and the Democratic party, read
the main parts OF the petition for the
writ, then the affidavit of David j. Barr,
reciting his authority TO call Democratic
caucuses during this year and the facts
concerning the decision Of the board re-
jecting the results OF the First ward
caucus as announced by the warden.
Counsel said he could find no definite
statement Of law either for or against the
holding OF a supplementary caucus, but
IL had come TO be understood 10 be the
right OF citizen to run for office win
the benefit OF what had been called
or Democrat.
Chief Justice Douglas said he would
only get that right after he got q ma
tority Of the voters and all Mr.. Kelly
sought was the right 10 be a candidate
and that was a very inchoate right, MT
Comstock argued that what was sought
was 10 force the board of canVassers and
registration 10 perform public duty
NO PROHIBITION OF SECOND CAU-
Gus.
There was not a single word in the
caucus law, Mr.. Comstock argued, that
could be construed TO interfere with the
courts ordering another caucus Coun-
sci then argued that the time designated
by the legislature, namely. ten days, was
only intended for the orderly arrangement
OF the caucus. In this city there were
many districts and the time necessary to
prepare lists for the caucuses and the
designation of voters by district OF course
required time. 1t was not Intended to de-
prive a ward Of a caucus when the lists
could be made up I'm three hours.
Mr. Comstock was asked by member
OF the court how many supplementary
caucuses could be held and he said just as
many as might be necessary 10 insure JUS
tice. that is II such caucuses could be
held and not interfere with elections The
Democratic party had the right TO have
whose masters are well known.
THE BOARDS DECLARATION.
Chief Justice Douglas queried that as
one caucus was held the right to hold
caucuses under the law was not gone.
Mr.. Comstock said the board or canvass
ers and registration had declared the eau
Gus null and void-as II no caucus had
been held.
Chief Justice Douglas thought that a
serious question OF fraud vitiated tho cleo
tion. but not the caucus perhaps.
Mr. Comstock said that the case in
volved matters OF public policy and the
law should he broadly construed.
Judge Parkhurst asked II nomination
pa pers would not give Mr.. Kelly relief.
=. H Quinn OF counsel for the Demo
Gratis said that n large number OF Demo
cratic names were scratched on the
caucus lists last year and this year, and
II might be difficult to get nomination
signatures II citizens had not the right
of supplementary caucus they would
be deprived OF their rights.
A MATTER OF. ROBBERY.
Chief Justice Douglas-You mean citi-
zens rob themselves?
Mr.. Quinn-Certain citizens TO rob other
citizens.
chief Justice Douglas-Their associates?
Mr. Quinn--There is some question, your
honor, az TO whose associates NhtN are
Assistant City Solicitor Baker appeared
fer the board OF canvassers and registra-
tion. lie argued the case very fully ana
prernreC an exhaustive brief In apening
his argument he contended that the board
h represented had no partisan feeling In
tho natter.
IMPORTANT POINTS.
These points were considered important
ones by Mr. Baker. -
l. Has the relator any personal or pri-
vgtr right different from ~he public In
general?
,. Does the caucus law" confer upon
a political party anything more than
mere privilege? Is there anything In
th nature ~ personal or private right
vested IN the city committee of party
relative 10 the calling of caucuses?
3 Does the Caucus Law" provide for
one or more supplementary caucuses
called for the same purposes for which
a caucus has already been called and
heidi
Is the ten days notice TO the board
OF canvassers and registration IN Provi-
dence specified IN section % the eau
Gus Law mandatory
S II said notice Is merely directory.
how long a notice TO said board Is re-
nuired2