The news-democrat. (Providence, R.I.) 1906-1909, 1907-05-17

John Doran, Esq, In the supreme
citation to the board of canvassers
ana registration TO appear in court
Friday. May oath. and answer the
Betiti9n BtngS for T,O,5n writ Of h certiorari
others who, at Democratic caucus
held last fall in Ward /. received a
majority OF the votes legally cast for
members of the ward committee.
The board OF canvassers and regis
tration found no fraud in the conduct
OF the caucus, but on the advice Of
the city solicitor threw out the caucus
because check list was missing. This
check list. IL is claimed, was stolen
by a man working in the interest OF
thG liessian Democracy.
There was considerable surprise
when the board OF canvassers and
registration made so stringent a ruling
as to the caucus list, as IL was recog-
nized that this opened wide door
for fraud. This caucus question has
been before the supreme court twice
before and the court refused relief.
FOR HONEST DEMOCRACY.
Mr.. Doran. who has worked hard
and sincerely for decent Democracy in
his ward. recognizing the immense
danger OF letting such ruling go un-
challenged until the limit OF the law
ing petition by which the qeustion as
TO what rights citizens have at a
caucus is clearly propounded:
THE PETITION.
Your petitioners. Timothy p. Dwyer.
Dennis J. SugnIe, Daniel ]. Hanley Ber-
nard j. McElroy, James T. Lyons Mi
chael j. OBrien and John II. Hurley. all
residents, citizens and voters in the First
ward OF the city OF Providence. respect
fully represent that on the 27th day of
September 1906. a caucus of the Demo-
cratic party was held in said First ward
at which your petitioners were candi-
ha nff Of IL 4
committee of said ward and received a
majority OF the votes cast for said office
and were duly elected thereto.
THAT on September 2s, 1906. one George
u. Brady. who was not a candidate for
ward committee but had been a candidate
at said caucus for a different office, filed
with Samuel Whitley, Charles T.. Smith
and Timothy f. Molloy. the board OF can
vassers and registration of the city OF
Providence, petition for recount of the
votes cast at said caucus. whereupon said
board did recount said votes and found
and declared that your petitioners has
received majority OF the votes cast for
ward committee.
CHECK LIST MISSING.
said board further declared that said
caucus was illegal because the check list
OF the names of voters in the Sixth dis
trict OF said First ward used at said eau
Gus was not returned with the ballots TO
said board, and said board refused and
still refuses TO issue TO your petitioners
certificates OF their election to said office.
And your petitioners respectfully rep
resent that such action by said board
was and is unwarranted because:
Il. There was evidence that all the bal
lots cast and counted were fairly and
properly cast and there was no evidence
that any of said ballots were improperly
cast or were deposited by persons not
entitled to vote at said caucus.
20. There was evidence that the name
OF every man who voted at the caucus
was duly found and checked on the lists
Of voters furnished for the caucus and
there was no evidence that any man
voted whose name was not found and
checked on said lists.
"3. There was evidence that no name
was checked on said lists except those OF
voters duly presenting themselves and
voting. and no evidence that any name
was checked on any list OF any person
who did not during the caucus present
himself and actually vote.
NOT ESSENTIAL.
~ No reason why the missing check
list was essential for the determination
OF the result of the vote
20 The vote itself was the essential
matter in such a caucus and the pres
ence or absence OF the check list for a
district OF n ward is lmmaterial unless
II is shown that there is evidence against
the legality OF the vote.
"6. In the absence OF evidence OF ball
lot stuffng the ballots are the best evil
dence Of the result OF the vote and check
lists and returns OF caucus officers are
immaterial 10 determine the result or a
caucus.
"7 The need OF check lists to make
lists for future caucuses Is aside from
the legality OF a present caucus The
nomination OF candidates for ward COM
mittee ~ right OF citizens OF which
they cannot be deprived because OF q lack
OF convenience for future caucuses. The
fact that a clerk OF n district fails 10 de-
liver his voting list Is no reason TO dis
franchise citizens OF their caucus rights
previously earned by them I'm a proper
manner.
IS. Said board had Jurisdiction and
power only 20 decide questions affecting
the validity OF votes and had no turisdic-
tlon or power To annual unimpeached
votes because Of an event or an omission
occurring after the voting was com
pleted.
20 Under the caucus law the return OF
check lists and returns by caucus offi-
GERS are directory and not mandatory.
"A copy OF said decision OF said board
ls herewith filed.
committees OF the Democratic and Re
publican parties possess and exercise
powers which are OF very great impor-
tance TO both OF said parties and TO all
the people OF the state The caucuses
which such committees have the power
Go inaugurate constitute beginning OF city
and state elections I'm Providence. Said
erroneous and unwarranted decision ol
said board has wrongfully excluded pc
titioners from office which carries i'm
| nOrtant public duties and responsibilities: