The Providence news. (Providence [R.I.]) 1891-1906, 1905-08-04

Mayor Higgins applied to the Superior
court for a writ OF mandamus against the
assessors and their clerk. This petition
came up for hearing before Justice George
T. Brown today
MOTION TO DISMISS.
Counsel for Mayor Higgins. Irving
Champlin, was surprised when Ed
ward ID. Bassett. who was associated
with City Solicitor z. w Blodgett Of
Pawtucket, as counsel for the assessors,
and their clerk, moved to dismiss. Mr..
Bassett read the following motion:
The respondents in said cause move TO
dismiss said cause because they say that
section II Of the Court and Practice act,
conferreding jurisdiction upon the Su-
perior court is contrary 10 the provis-
ions of article 12 OF the Constitution Of
this state
The section referred 10 says that the
Superior court shall concurrently with
the Supreme. court have Jurisdiction OF
writs OF "habeas corpus, mandamus, quo
warrants and lnformations in the nature
OF quo warranto." Now the first section
OF article IL OF Amendments, to the Con-
stltution OF the state. the one referred to
in the motion 10 dismiss Is as follows.
Section l. The Supreme court shall
nave Hnhl ItNlSlnk anu dPBtAldNt Jul ~
diction upon all questions of law and
equity. II shall have power to Issue
writs, and shall also have such other
Jurisdiction as may from time 20 time
be prescribed by law. A majority Of its
Judges shall always constitute a quorum.
The inferior courts shall have such jurs-
diction as may. from time to time, be
prescribed by law.
Mr.. BASSETTS CONTENTION.
Mr. Bassett was member Of the COM
mission appointed by the general as
sembly 10 frame the court and practice.
II was stated after the court session
that he held at gatherings OF the COM
mission that the language OF the con-
stitutlonal amendment giving the SUI
preme court power 10 issue perogative
writs, excluded any other court from Is
suing such writs. and the section Of the
court and practice act permitting tho
superior court TO so do extended the
powers OF the superior court beyond the
intent OF the constitutional amendment.
Mr.. Bassett had prepared a long brief
on law points other than those involving
the constitutionality OF the court and
practice act and n further statement to-
day. made by q party familiar with the
case. was that the motion 10 dismiss was
not thought OF until last night
II is not often that the first counsel TO
attack the constitutinality OF any law
does so under such circumstances az Mr.
Bassett attacked this one. lie argues
that as the supreme court held that the
stating OF n way TO amend the con-
stitution, I'm the instrument itself pre-
cluded any other method OF amendment.
the giving ~ certain powers 10 one court
by an amendment precludes any other
court exercising tho same Jurisdiction
HAD ANOTHER TRICK
Mr.. Bassctt had another trick up his
sleeve Under the court and practice
act, whenever the question Of constitu-
tlonality Is raised the case shall be forth
with certified to the supreme court Mr.
Champlin argued that the case should be
heard o. its merits.
Judge Brown held the language OF the
court and practice act peremptory and
80 certified the case This would naturally
prevent Mayor Higgins getting the re-
lief he prayed for. as the supreme court
may not reach the case until after the
state election. The mayor and his coun-
sci expressed the hope this afternoon.