The news-democrat. (Providence, R.I.) 1906-1909, 1906-09-26
LAW LAID DOWN FOR
POLICE At CAUCUSES
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having custody or control of such voting
list, shall suffer or permit any alteration,
change, erasure or additional check To be
made upon such voting list shall be pun
ished by imprisonment i'm Jail not exceed
ing 60 days
1T also provides penalties for other
violations Of law by caucus officers and
voters. the same as imposed in the case
Of elective meetings upon election Off
GERS and voters
Section 10 provides that 1T shall be the
duty Of every police or other peace Off
Ger or constable TO arrest without war
rant any person detected i'm the act of
violating the provisions OF this act
This duty is positive, and police Off
Ger, himself seeing the law violated. or IL
officer is satisfied that IL has been com
mitted, should arrest the offending par
ty.
"As to the practical management of a
caucus. that Is left TO the warden by
chapter 3S. sections II and ~, OF the gen
eral laws. which reads as follows:
Sec. IL. Every moderator or warden
shall have power to manage and regu-
late the business OF each meeting, con-
forming 10 law, and to maintain peace
and good order therein.
Sec. u. If any person shall conduct
himself in a disorderly manner in any
town, district or ward meeting the mod
orator or warden may order him TO with
! draw from the meeting; and, on his re-
fusal, may order the town sergeant, or
any constable present or any other per
sons, to take him from the meeting and
20 conflne him in some convenient place,
until the meeting shall be adjourned; and
the person so refusing to withdraw shall,
500 S, '''' ~ ''''N' ~ ''''' nv
1T is to be noticed that this power of
the warden is not an arbitrary one. and
his authority relative to such manage
ment. is only 10 the extent that he con-
forms with the law
1T Is the especial duty of the warden
10 maintain peace and good order at the
caucus but under the guise or pretence
of doing so he cannot act arbitrarily and
without cause. Much. however. must be
left to hts discretion as TO what consti-
tutes a breach of the peace or good order
The fact that thfs especial duty rests
upon the warden does not in my opinion
relieve the police OF their duty also to
maintain peace and good order therein.
Chapter 27S, section Z, of the general
laws, provides that every person who
shall wilfully interrupt or disturb any
town or ward meeting or any other law
ful meeting either within or without the
place where such meeting is held. shall
be imprisoned not exceeding one year or
be fined not exceeding $500.
Under this section, I'm my opinion, II
Is the duty Of the police, not only within
but I'm the immediate vicinity without the
wardroom, to protect the meeting from
disturbance or interference. so that 1t
may proceed In n peaceful and orderly
manner. The warden has other impor-
tant duties TO perform; and he cannot
be reasonably expected alone TO be able
10 detect all breaches Of peace or order
and maintain good order In a large and
more or less turbulent meeting.
Relative 10 what would constitute
breach OF peace or interference with the
meeting that must be left largely 10 the
good sense OF the officers. | would sug-
gest. however. that mere noise or general
loud talk at n time not interfering with
the necessary proceedings would not or
dinnrily constitute such breach or inter
ference while physical interference with
voters proceeding TO exercise their suf-
frages I'm an orderly manner. such as
pulling them out OF line and pushing 9TH
ers I'm their places. or threats, abuse or
other means or intimidatlng or interfet-
ing with them In their voting, or prevent
ing them from reaching the ballot box
would I'm my opinion constitute such in
reference
'If the attendance at the caucus Is so
large at any time that the room Is 50
crowded with those who have voted that
others coming TO vote cannot obtain en-
trance Co the polls. the remaining Of the
same simply 10 look on I'm front OF the
polls would be n manifest interference
and obstruction 10 the meeting and its
objects: and some of them should be re-
aulred TO leave temporarily. at least 80
as 60 permit voters TO reach the polls.
section "a of the caucus law provides
that immediately on the closing ~ the
polls tho caucus warden and clerks shah
I'M opcn caucus proceed 10 count the ball
lots cast in the presence of such repDsen-
tativos as may be appointed in writing