From Casetext: Smarter Legal Research

Walch, Jr. v. Burke

Supreme Court of Rhode Island
Jan 2, 1937
189 A. 17 (R.I. 1937)

Opinion

January 2, 1937.

PRESENT: Flynn, C.J., Moss, Capotosto, Baker, and Condon, JJ.

(1) Elections. Protest Not Timely. Where a candidate for municipal office at an election made no protest to the vote-tabulation committee until Nov. 30, the final tabulation of the certified election returns having been made on Nov. 24 and the result of the election declared and certificates of election issued, and no fraud or irregularity or illegality in relation to the returns or the conduct of the election, was charged, the protest was not timely.

APPEAL under Public Laws 1935, Chap. 2195, from decision of special vote-tabulation committee. Heard and appeal denied.

Harold A. Andrews, for appellant.

Daniel A. Geary, City Solicitor, John T. Walsh, Assistant City Solicitor, for appellee.


This is an appeal under Public Laws 1935, Chapter 2195, from a decision of the special vote-tabulation committee of the City of Providence, denying the petitioner's request to open the voting machines used in ward seven in the election held on November 3, 1936.

The petition and record discloses that the petitioner, who was a candidate for councilman in the seventh ward in Providence, made no protest, nor was any made on his behalf by anybody, to the respondent committee until November 30, 1936. Previously on November 24, the committee had completed its final tabulations of the certified election returns from ward seven for the office of councilman, had declared the result of the election and had authorized certificates of election to issue to the successful candidates.

The petitioner, through his counsel in open court, has made it clear beyond any doubt that he charges no fraud or irregularity or illegality in relation to the returns or the conduct of the election in this ward.

Apparently the certified returns used by the committee in its tabulations were regularly prepared and signed in substantial compliance with the law. The petitioner could have been represented, if he chose, at any of the meetings of the committee at which these returns were being tabulated, and has shown no satisfactory reason for his failure to protest.

Under authority of Ruerat v. Cappelli et al., 56 R.I. 480, recently decided, and other similar cases, the petitioner's protest was not timely and his appeal, therefore, is denied.


Summaries of

Walch, Jr. v. Burke

Supreme Court of Rhode Island
Jan 2, 1937
189 A. 17 (R.I. 1937)
Case details for

Walch, Jr. v. Burke

Case Details

Full title:CHARLES L. WALCH, JR., vs. DONALD O. BURKE et al

Court:Supreme Court of Rhode Island

Date published: Jan 2, 1937

Citations

189 A. 17 (R.I. 1937)
189 A. 17