The news-democrat. (Providence, R.I.) 1906-1909, 1907-11-16

new election will be held i'm the Third
ward to wipe out the tie vote between
William T.. Nolan. who ran on the Dunn
| ticket for the common council, and Mat
thew +. Carey. candidate on the Gamer
| ticket.
| The board OF canvassers and rcgistra-
| tion has received from Mr.. Nolan re-
| quest for recount. which he believes, he
| says, may result in the election OF HIM
| self or OF his opponent, as there
( might have been mistake of one vote
| either way on the last count.
| The belief is held that the board will
| grant this request, IL IL can possibly do
| city can be saved from $500 TO $500 that
] special election In the ward will cost. Un-
| der the law the same number OF election
officials will be required TO oficiate,
| though only one office Is to be voted for,
! IL there were a hundred.
Still the breaking OF this tie would sub
| ject the board TO some criticism either
way Il might result. and the question viii
doubtless be weighed well before action
Is taken.
IL "A new election is held tho date will
probably be fixed for Wednesday the 9th
inst, and unless "A recount Is granted by
the canvass board the aldermen are like
ly 90 order the election wnen they meet
at city hall next Monday at noon.
The canvassers are likely TO complete
the Tenth ward before night ana could
the Third ward before noon next Monday,
IL they sec tit TO do so.
Chairman Whitley said this afternoon
that no decision had yet been reached,
and gave the impression tHGt the question
would probably not be definitely decided
today.
city Solicitor Baker has informed City
| Clerk Clarke that the names of all the
candidates who failed of election for the
| council at the last election may be plac-
| ed on the official ballot II new election
| is held.
MR. NOLAN'S REQUEST.
| In his letter To the board Mr.. Nolan
says:
| providence, II. L., Nov. 10, 1907.
ITO tho Honorable Board of Canvassers:
Dear Sirs-Referring to the apparent
| tie vote for common councilman between
Matthew l.. Carey and myself In Ward 3.
| / hereby respectfully pray for recount
OF the votes east for said Matthew 1.
Carey and myself not, however. reflect
| ing on the ability or capability OF the
board. but for the following reasons. es-
pecially. That as there was another
candidate running whose name was very
| similar TO my own and as only (Nolan)
was called out several times while the
votes were being counted II seems that
Il is possible that one vote either too
much or not enough may have been given
to me and IL only requires one vote
TO unite the tie, considering the expense
the city would be put TO and also the
inconvenience II would entail on all con-
cerned in the contest including your hon
orable body, / think that recount has
the possibilities under the circumstances
OF solving the difficulty one way or the
other and / am willing TO take my
chances on the result.
VERY respectfully submitted,
civilian =. NOLAN"
CITY SOLICITORS RULING
City Solicitor Bakers opinion is in
part as follows:
'1n case OF adjourned, second or sub
sequent election. the law does not ap-
pear to be definite as to the entire
course of procedure to be followed, and
therefore it must be Interpreted With
reference to the general voting sys-
tenn, and said Section A construed
reasonably relative to it's being only
one OF many provisions Of law estab-
fishing such voting system. The intent
with reference to a second election for
city officers may be inferred somewhat
from the provisions OF law relative to
adjourned elections for members of the
general assembly occasioned by failure
to elect at the annual election, which
is contained in Chapter 1880 OF the Pub
lie laws which was passed April 26,
1905, the same day that Chapter 1923
was enacted. That provision specifies
! that at the adjourned election the Of
fetal ballot shall contain the names of
the candidates for the offices for which
there was no choice at the first cleo
! ton, as distinguished from new nomi-
nations I'm cases OF vacancies after cleo
/ ton.
1T would appear therefore that new
nominations could not be made in any
such cities or towns, except the city
of Providence, because the adjournment
for seven days only would not afford
Z the time prescribed by said Chapter IL
I and by the caucus law, necessary for
, further conventions, caucuses ana
nomination papers
"It would seem unreasonable TO infer
that the law intended to make a diff
ference between the city OF Providence
/ and such other cities and towns as TO
any new nominations, simply on the
| basis OF the general provision con-
tained in said Section az.
Furthermore, the caucus law makes
no special provision for any such second
or subsequent election, but does re-
latlve To- special elections 20 hll va
cancies IN the city council.
II tboysfDyS -Uno1l.SA and no AG1izA
that no new nominations can be made
for said member OF the common coun-
ell from the Third ward. TO be voted
for at such second election, and that
the names OF all candidates for the
common council from said ward at the
annual election, excepting the names OF
the three persons who were elected
members OF said council at said elec-
ton. should be placed upon the of1oisl