The news-democrat. (Providence, R.I.) 1906-1909, 1907-10-02

Gratis who were contemplating party
treachery under the protection of the
caucus law when he decided yesterday,
in response 10 questions propounded by
the board of canvassers and registra-
tion, that the action OF the Democratic
state and city committees in enrolling
Democrats in this city was clearly with
in the psrty's rights under the caucus
law, and that "the evident intention was
not only to determine the membership,
but also TO restrain and bar all persons
not members OF the party from paruci-
pating In The party caucuses; and, ac-
cording TO the decision in Rose VS. Ben
nett. % r. /. 405, the decision of the party
organization Is conclusive as to a ques-
ton of regularity or recognition"
Under tins rule five of the seven MEM
bers of the First Ward Democratic com
mittee are legally legislated out OF onice
by the refusal OF the enrolment commit,
tee to recognize them as Democrats; and
the Democratic caucus warden and clerks
for the primaries in that ward, VINO were
also refused enrolment, are likewise IN
eligible to serve at the caucuses or the
party.
The city solicitor rules that the places
OF the disqualified warden and clerks
shall be flied by the remaining members
OF the ward committee, who are John D.
Shea. and Thomas A. Doyle: Mr.. shea
is the First ward member OF the enron.
ment committee, and his name was not
stricken of as a mistake In the address
defeated the intention Of the committee
IL is stated.
The city solicitors opinion follows:
office OF the City Solicitor.
Providence, r. l., Oct. 1. 1907.
Roard of Canvassers and Registration:
Dear Sirs--I am in receipt OF your re-
quest for my opinion upon the following
questions:
1. Are properly appointed caucus offi-
hau stricken
OF caucus voters by the city committee
of the Democratic party, as not being
members OF the party, eligible TO act as
such caucus officers in caucuses or SAID
party?
Q. Do members OF a ward committe. VINO
have been stricken of the lists OF caucus
voters by the city committee OF the Demo
cratic party. as not being members OF the
party. retain their membership In such
committee and II not how are such va
cancies filed?
AS TO the first question--Under the eau
Gus act Officers are appointed by the ward
committee prior TO Sept in each year 10
hold office until Jan and thereafter un-
| til their successors are appointed. But
| according to other terms of the same act
no person shall be entitled to vote or take
| part in the caucus OF any political party
| who is debarred from so voting or taxing
part by the regulations OF such party
made by the city committe of the party 10
determine membership In the party and 70
restrain those not entitled to vote at eau
cuses called by them from taking par
therein The act further provides thai
the general management OF the anairs ol
each political party shall be vested In its
city committee. subject to the rules AND
regulations which the state committee oi
such political party shall make. t'ei76
| In this case, on Sept. 8. 1907. the Demo-
|
to a resolution OF the Democratic state
convention of 1906, established certain
rules and regulations for the manage
ment OF the party and the caucuses there
OF conformably to the provisions or Sec
tion OF Chapter 1918 of the Public Laws,
and for determining membership In the
party by a certain method OF enrollmen'
on Sept. H. 1907 the Democratic city
committee accepted and adopted saio
rules and regulations "for the purpose ol
making regulations to determine member
ship in the Democratic party In said city
and to restrain those not entitled TO vot,
at caucuses called by this committee IRON
taking part therein. under the proVisions
OF Chapter 1918 of the Public Laws" ano
also ordered such enrolment In the First
Third and Ninth wards.
| The evident intention was not only u
determine the membership, but also &c
restrain and bar all persons not members
of the party from participating In tns
party caucuses, and according to the DE
cision of Rose v. Bennett. rs r. /. 400
the decision OF the party organization u
conclusive as TO the question OF regularity
or recognition.
The caucus act reasonably must he con
strued as a whole. giving due effect te
each part so far as reasonable and pos
sible. I'm case any Inconsistency appears
I'm the various terms OF different parts
| II H.
rows down TO this: In view or the afore
going facts is II reasonable to hold un
der the law that persons, formerly ap
pointed caucus wardens and clerks, VII
since have been conclusively repudiate
as members OF the party. are qualihe
to continue to act as officers of that par
ty and conduct the party caucuses?
In my opinion II is not only not reason
able but would be absurd so to hold and
therefore advise that under the afore
going facts such caucus officers have bee
removed by the subsequent operation G
another part OF the same law. and tha
vacancies occur in such offices, whic
should be filled in the manner provided b
law.
AS 10 your second question-The sasr
considerations are involved. except tht
the caucus officers are appointed by III
ward committee. while the members {
the ward committee are elected by voi
OF the caucus held TO elect delegates
the convention 10 nominate a candidat
for governor. This difference in this cas-
does not appear TO give ground for an
legal distinction. The above reasons al
ply with equal IL not greater. force
therefore. advise that such members OF ti
ward committee have been removed
view OF such subsequent facts by opera
r ton OF law, and that the vacancies cr'
sted should be filled i'm the manner pre-
vided by lay. namely, ''by the remainin
members OF such committed"
Respectfully submitted.
J ALBERT a. BAKER,
] City Solicitor.
] Some OF the most prominent Demo
{ Gratis were we'll pleased today when the
' learned OF the city solicitors ruling
[ though IL was not unexpected.
r COL. DONAHUE'S VIEW
Chairman Thomas H. Donahue said
Under this opinion an enrolment can b
ordered every year IL desired In thos
wards where the ward committees are nc
working for the interests Of the Den
ocracy and such committees and the