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Full text of "[City documents, 1847-1867]"

BOSTON PUBLIC LIBRARY 

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City Document — No. 3. 

MINORITY REPORT 



THE COMMITTEE 



ON THE 



REMONSTRANCE OF Wffl. R. HUSTON, 



RELATIVE TO THE 



MUNICIPAL ELECTION OF WARD 3. 




RO XBURY: 

JOHN M. HEWES, PRINTER. 

18 5 8. 



€ttt) of Ho* bum. 



In Common Council, Jan. 4, 1858. 

Remonstrance read, and referred to a Special Committee of five, con- 
sisting of Messrs. Nichols, Tower, Bumstead, Brewer, and Batchelder. 

FRANKLIN WILLIAMS, Clerk. 



In Common Council, Jan. 11, 1858. 

Ordered, That the Committee on the Remonstrance of William R. Hus- 
ton be authorized to submit their report in print. 

FRANKLIN WILLIAMS, Clerk. 



REPORT. 



In Common Council, Jan. 14, 1858. 

The Committee to whom was referred the protest of W. R. 
Huston, have considered the subject and beg leave to report in 
general terms, that the officers entrusted with the care of the 
meeting held in the Ward Room of Ward 3, on Monday, Dec. 
14th, 1857, appear to have been guilty of carelessness in their 
proceedings, and they also failed to comply with the formal re- 
quirements of the law provided to regulate elections. 

In the special matter of the election of members of the Common 
Council from Ward 8, your Committee submit a brief statement of 
facts elucidated by their investigations, and also give deductions 
and conclusions. 

The whole subject naturally resolves itself into two parts ; in 
the first of which, the thing desired, is to ascertain who were 
rightfully elected as Common Councilmen ? 

Mr. Pennock, Clerk of Ward 3, is willing to sivear that his 
record is correct, and by his record, Samuel Little, P. H. Rog- 
ers, Thomas J. Mayall and J. M. Way, are returned as elected. 
In opposition to the oath of the Clerk, there is opinionative 
evidence. 

Mr. W. R. Huston, Warden of Ward 3, pro tern., " thinks no 
ballots were thrown by persons not legal voters." " Thinks no 
person could foot Clerk's columns of figures correctly," and says, 
" there were blots upon the records ;" also says, that " in adding 
up the column of figures containing the number of votes given for 
W. R. Huston, the Clerk made an error of six." 

Mr. Wiggin, Inspector in Ward 3, says, " he places no re- 
liance upon the Clerk's records." 



Mr. Gragg, Inspector in Ward 3, says, he thinks " the Clerk 
was correct and the Warden incorrect in the addition of the col- 
umn of figures containing the number of votes for W. R. Huston." 
He also gives, as his " decided opinion, that Samuel Little, 
P. H. Rogers, Thomas J. Mayall and J. M. Way, were right- 
fully elected." 

The oath of the Clerk and the evidence of Mr. Gragg es- 
tablish, beyond a doubt, the election of Samuel Little, P. H. 
Rogers, Thomas J. Mayall and J. M. Way, as members of the 
Common Council for the year 1858. 

In the second part of the subject, the thing desired, is to de- 
termine whether the negligence of the Ward officers, in not com- 
plying with the formal demands of the law, deprives the gentle- 
men, rightfully elected, of their seats. The principal demand of 
the law, which Avas not complied with, is, that the number of votes 
given for each person was not written in the Ward records in 
words at length, in open Ward meeting, and thus the whole sub- 
ject is narrowed down to one question, which is, — if the non- 
compliance of the Clerk with the strict requirements of the law 
vacates the election ? This being purely a question of law, your 
Committee have obtained and appended the opinion of the City 
Solicitor, which is as follows : — 

" I am of opinion," (says the City Solicitor,) " that the failure 
on the part of the Clerk to register the votes in open Ward meet- 
ing, in the manner required by the City Charter, will not vacate 
the election." 

Your Committee coincide with the City Solicitor in his decis- 
ion, and the matter being thus disposed of, they ask to be dis- 
charged from further consideration of the subject. 

For the Committee, 

J. A. TOWER.