The news-democrat. (Providence, R.I.) 1906-1909, 1906-10-09

a
OF canvassers and registration to declare
the election Of the Democratic First ward
delegates to the general assembly con-
vention. and in view of the Importance
OF the point involved, decided TO refer the
case 10 the supreme court.
That court will meet tomorrow; and
q decision on the legality OF the decision
OF the board OF canvassers and regis
tration in regard TO the First ward eau
Gus is hoped for IN time for the conven-
tion tomorrow.
Mr.. Doran stated briefly the case OF
the petitioners; and the court at once
suggested that the matter seemed Of suf-
fcient importance for the higher court
City Solicitor Baker and John Doran
then stated their understanding OF the
jurisdiction Of the two courts in the case.
Mr.. Baker agreed with Mr.. Doran that
the superior court was the proper one 10
start proceedings in, but thought the SUI
preme court must finally decide the
points involved
Judge Tanner thought, however, IL
would have been better TO have brought
the case In the upper court, but Mr.. Do
ran in his most polite manner declined
90 leave the court with his petition.
Judge Tanner then said he would hear
the facts: and Mr.. Doran recited the
main facts in his petition and finally said
II was question OF law simply, as TO
whether the caucus law made the produc-
tion OF a check list so mandatory that
caucus that IL was agreed was otherwise
legal could be thrown out because OF the
loss of such a list
City Solicitor Baker told the court that
Mr. Doran had fairly stated the case;
but the city solicitor thought the law re-
Quired that the check list be returned or
the caucus would be Illegal.
Judge Tanner asked IL there were any
decisions on this point In this state or
elsewhere.
City Solicitor Baker said there were
none In this state. In other states the
authorities differed and cases seemed 10
be decided ON their special merits.
Judge Tanner shid he believed the case
OF sufficient Importance 10 be sent to the
supreme court; and. under the general
provision OF the court and practice act.
which gives any Justice Of the superior
court leave 10 certify case which is OF
special Importance to the supreme court,
he so disposed OF the matter
In a notable Pawtucket mandamus case
the supreme court decided that the su-
perior court might issue writs OF manda-
mus. Some one raised the points this
afternoon that the supreme court might
refuse aid as the other court had fun
power In the matter.
Assistant City Solicitor Cram and James
Baker and Mr.. Doran.
Charles NJ Kelley. Oscar Iapham, AL
bert III. Olney, Lewis A. Waterman and
John w. Furlong yesterday afternoon
obtained leave OF the superior court TO
hle petition for a writ OF mandamus
against the board OF canvassers and reg
istration; and the court agreed TO hear
the same at O'Clock this afternoon,
The petition. after reclting that the
petitioners are all residents of Ward
and duly qualified TO take part in a Dem
ocratic primary meeting In the ward. Is
as follows:
ION Sept 81, 1906. n Democratic caucus
duly called was held I'm and for said
First ward for the nomination and cleo
tion OF various candidates and officials.
including the nomination Of delegates 80
the convention then next 20 be held to
nominate Democratic candidates for SEN
ator and Representatives I'm the general
assembly OF this state; and your petition
ers were candidates at said caucus for the
positions OF sush delegates. There were
at said -caucux-twe- sets of nominations
and only two; and to each Of your pc
tioners was opposed only one counter
nomination.
AT said caucus the balloting proceeded
with substantial regularity until the close
OF the polls, after which the warden, be-
cause OF crowding in the ward room, or
Tor some other cause, declined 10 proceed
with the count, and caused the ballot box
with Its contents and case which should
have contained the six check lists OF
names Of persons qualified TO vote at said
caucus 10 be delivered 10 the board of
canvassers and registration OF said Prov
idence. composed OF Samuel Whitley,
Charles F. Smith and Timothy e. Molloy.
Thereafter on Sept. Is, 1906. said ward
en- counted said ballots and found that
your petitioners had received 260 votes for
said office OF delegates and the persons
opposed 10 your petitioners had received
but "a votes. and the warden and the
clerks OF the caucus signed a certificate
stating the total number OF votes and the
number cast FOR the respective tickets.
The total number OF check lists used
at said caucus was six. Only five OF said
lists were returned TO tho board. the list
for the Sixth district OF said First ward
being missing After the count made as
aforesaid, the required affidavits to the
identity and correctness OF said lists were
offered 10 the clerks for execution and
were signed by one OF the cl erks. the 9th.
or refusing on factitious grounds
After said count by said warden on,
George r. Brady a candidate for sucf
delegate on the ticket opposed To YOU
petitioners. fled with the city clerk a pc
tition for a recount OF said vote. whlcl
recount thereafter was had and tn
count Of the ballots made by said boar,
was the same as that previously made b,
the warden giving your petitioners ma
5ority Of % votes over their opponents
Upon such recount said board Inquire
frto the circumstances attending sal
caucus and heard all the evidence OF
fered and went extensively into the sam,
and found as matter OF fact that ther
was no evidence OF Improper voting b
any person or az the illegal deposit a
any ballot during said caucus; or that "a
nnme OF any person not entitled 10 vot
ct said caucus was checked upon the list,
or that the name Of any person who ha
not voted al said caucus was checkc
upcr SAID list
"And you petit oners aver that the evi
0enoe submitted 20 said board showed af