Rhode Island : three centuries of democracy, Vol. II, Part 14

Author: Carroll, Charles, author
Publication date: 1932
Publisher: New York : Lewis historical Pub. Co.
Number of Pages: 716

USA > Rhode Island > Rhode Island : three centuries of democracy, Vol. II > Part 14

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*Chapter XXII.

tSee Chapter XXIV for an account of the Senatorial election.

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within this very state capitol. This is a condition of affairs which has been tolerated as long as it should be. The welfare of our state peremptorily demands vigorous and prompt action on this matter, action which will result in keeping from within these walls lobbyists like the one above described- one declared by my respected predecessor to be a menace to the State of Rhode Island."

Other changes recommended by Governor Higgins included (I) reapportionment of rep- resentation in the General Assembly; (2) veto power for the Governor, to be overridden by a three-fifths vote in both houses; (3) abolition of the property qualification, because, as the Governor said, the bona fide real estate voters were overridden by "straw" personal property voters ; (4) registration nearer to the period of election than June 30; (5) accommodation for registry voters, by opportunity for registration in their wards at convenient hours, instead of only during office hours in town and city halls; (6) extension of the Australian system of secret balloting to primaries; (7) restoration of the appointive power to the Governor ; (8) provision for constant supervision and periodical examination of state banks, savings banks and trust companies; (9) legislation curtailing lobbying; (10) legislation that would pre- vent levies on or contributions by corporations for political purposes. He criticised the sim- plified form of Australian ballot, which had been introduced, because it made partisan voting too easy and discriminating selection of candidates too difficult. His objection was directed to the provision in the new ballot legislation that attached preponderating importance to a cross placed in the circle under a party emblem, and required the elector, besides marking a cross for a candidate not under the emblem, to cancel the name of the emblem candidate rejected. The attempt to elect a United States Senator, continued without result through daily meetings of the joint assembly until eighty-one ballots had been taken before adjournment on April 23, dominated the General Assembly of 1907. Governor Higgins continued his campaign against General Brayton, with requests addressed to the sheriff and to the State House Com- mission that both exclude Brayton from the Capitol. Eventually the pressure was successful, and General Brayton ceased using the sheriff's office as headquarters.

Governor Higgins was reelected with an increased plurality in the fall of 1907. In his message to the General Assembly in 1908 he returned to the discussion of lobbying, saying : "I renew the recommendation made a year ago concerning the regulation of lobbying and corrupt practices in elections, primaries, etc. During the past year there has been some relief from the former evil. For a part of the time, at least, the lobbying headquarters have been removed from room 207 in this building. The people of the state have also been given assur- ance that no more lobbying is to be done in this capitol by the one individual who has done practically all of it here for the past thirty years. Such a result is indeed encouraging. But, whether or not the promises of the chief lobbyist shall be kept, the state certainly needs effec- tive legislation to prevent a recurrence of the disgraceful scenes which have been enacted in the sheriff's office in the state capitol for years." He had succeeded in accomplishing General Brayton's withdrawal from the State House by psychological if not moral suasion, much as he had demoralized Governor Utter's campaign by persistent questions. Governor Higgins recommended (1) that lobbyists be required to register, the registration to include a state- ment of the corporation or interest represented ;* (2) that political parties be required by law to file reports of receipts and expenditures; (3) that contributions by corporations to political parties be forbidden, thus, that "corporate contributions to political parties or for the purpose of influencing legislation" be forbidden, as well as "political contributions directly or indi- rectly from state or municipal laborers and employes."

THE PROPERTY QUALIFICATION AGAIN-Governor Higgins paid particular attention to the property qualification in actual operation, in an exposition that was suggestive of other

*A statute of the type was enacted, 1912.

NEW HIGH SCHOOL AT PAWTUCKET

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reasons for change than the wish of the registry voter to attain a more liberal suffrage. The disclosure related to his own city of Pawtucket, with which he was completely familiar :

Perhaps no better example of its injurious nature can be found than in the city of Pawtucket. In that city there were 2601 persons eligible to vote on real estate. There were also 3025 persons assessed last year as personal property voters and eligible to vote as such. All but a few of these personal property voters were assessed for $200 each, that amount being enough to cover the law, which provides that any person assessed for $134, real or personal property, may vote for members of the city council or on any proposition to impose a tax. Of the entire number assessed for $200, not more than 150 or 200 paid their own taxes. Practically all the rest were assessed without their own request or knowledge, without even appearing before the board of tax assessors, without knowing the location of their supposed property or of what it consisted. Under this unusual practice this large body of men has its taxes paid the last night such payment is allowable, by the political managers, who expect to get its votes on election day. Hundreds of men are put on the personal property list for $200, and are absolutely unknown to the tax assessors, their names being given in bulk by the political leaders to the assessors. A short time ago 450 names were added to the personal property list in Pawtucket by the tax assessors, and not only were these names unknown to the assessors themselves, but they were placed on the tax roll on a list which included ten or twelve sheets of paper which were not even opened for inspection by the assessors. Many cases have been known where reputable men in possession of visible and tangible personal property sufficient to enable them to vote have asked to be assessed for the same. Their request has been denied, and they have thus been deprived of their vote and the city has been deprived of their taxes. On the other hand, on a number of occasions inmates of the state farm and workhouse, serv- ing sentences for non-support, drunkenness, vagrancy, or some kindred charge, have been assessed for $200 worth of personal property, their taxes have been paid by the political leaders, they have been released from imprisonment a few days before election and have been allowed to vote a full ticket even for members of the city council. It is needless for me to say that operations such as these nullify the effect of the bona fide real estate votes. For instance, the 2601 real estate voters in Pawtucket today are completely overcome and offset by the personal property voters assessed for $200, whose taxes are paid by others interested in holding office or in securing privileges from the city government. It will thus be seen that this qualification deprives the city of many dollars in taxes, which it might receive from the bona fide holders of personal property, and that it destroys the supposed advantage of a discriminating property vote. But, while it works this injustice to the real estate voter, it also works a peculiar injustice to the registry voter. If, for example, a man be assessed for personal property and does not pay his tax, his name is dropped from the personal list at the final canvass, which is held a few days or a week before election, and he is placed on the registry list by virtue of his assessment, whether or not he has actually registered. The caucuses of all the parties are, under the law, held several weeks before election, and hence several weeks before this manufactured or straw personal property voter is dropped for non-payment of taxes. But, having been assessed, he is eligible to take part in all caucuses, including those for the selection of aldermen and councilmen, even though he should later neglect or refuse to pay his personal property tax.t

REPUBLICAN RETURN TO POWER IN 1908-Governor Higgins declined renomination for a third term in 1908, and Olney Arnold was named by the Democrats as their candidate for Governor. The schism in the Republican party had ended early in the year in the election of ex-Senator Wetmore as Senator to refill the seat which had been vacated by expiration of term on March 4, 1907. In the fall election, presidential year, 73,500 votes were polled, and Aram J. Pothier, Republican, beat Olney Arnold by 7200 plurality. Governor Pothier was reelected four times, defeating Arnold again in 1909, Lewis A. Waterman in 1910 and 1911, and Theodore Francis Green in 1912. The Democratic party, advocating constitutional and

tIn Lennon vs. Board of Canvassers of Pawtucket, 29 R. I. 329 (1908) the Supreme Court found that the taxes of 1148 persons in Pawtucket were paid by a third person, and that a check for $3800 was pre- sented. Only 1293 persons had qualified by payment of taxes, including the 1148, leaving 145 bona fide per- sonal property taxpayers. In Lennon vs. Board of Canvassers of Pawtucket, 29 R. I. 456, the Court held pay- ment by a third party without request did not confer the right of suffrage and ordered 1148 names stricken from the roll, and set aside an election in the third ward of the city in which it appeared that 467 persons not qualified had voted, enough to change the result of the election. In Barron vs. White, 29 R. I. 482, the Court ordered the City Treasurer, who had refused to accept payment of taxes by one of those stricken from the roll, on the ground that the tax had been paid, to accept payment, thus to qualify the elector.

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political reform in Rhode Island, was polling steadily 32,000 votes annually. Governor Pothier's pluralities varied from 11,700 (1909) to 1140 (1910). In 1912 his plurality of 1400 was small for a presidential year ; the explanation lies in the 8457 ballots cast for the candidate of the new Progressive party.

During Governor Pothier's administration four amendments to the Constitution, Articles XIII, XIV, XV and XVI, were approved. Governor Pothier was elected for two years in 1912, under the biennial election amendment. R. Livingston Beeckman, Republican, defeated P. Henry Quinn, 1914; Addison P. Munroe, 1916; and Alberic A. Archambault, 1918, by large pluralities. An amendment to the Constitution was proposed in 1912, to provide for the calling of a constitutional convention in 1915 to consider revision or amendment of the Con- stitution, and for a referendum in 1924 and every ten years thereafter on the calling of a convention.

ANOTHER CONSTITUTIONAL COMMISSION-In the same year a bi-partisan commission was appointed to consider proposed amendments, to report not later than 1915, unless a con- stitutional convention had been ordered. The proposed amendment was not confirmed by the succeeding General Assembly ; the commission reported in 1915 a complete constitution based principally upon the "revised Constitution" of 1898, which had been rejected in the referen- dum, but including striking innovations, and changes that were novel and radical for Rhode Island. The commission included Richard W. Jennings, William W. Douglas, William R. Fortin, E. Charles Francis, Charles E. Gorman, Sumner Mowry, John J. Richards, William P. Sheffield, and John H. Stiness. Judge Stiness died September 6, 1913, and was replaced by George A. Jepherson.

Of two significant changes in the Bill of Rights, one amended the anti-slavery section to read: "Slavery shall not be permitted in this state, nor involuntary servitude except as a pun- ishment for crime." The other aimed at reform of alleged unsatisfactory practices with ref- erence to jury trials, providing that in civil suits, after a jury had failed in six hours of deliber- ation to reach a unanimous verdict, the trial justice might enter as the verdict of the jury a verdict agreed to by not less than nine jurors. The property qualification for voting was to be abolished, except that towns and cities might be permitted to establish qualifications not inconsistent with the Constitution for voting in town meetings or on certain types of questions in the municipality. For annual sessions biennial sessions of the General Assembly were sub- stituted. The pay of members of the General Assembly was raised to ten dollars per day for not exceeding sixty days, with no extra allowance for mileage. No Senator or Representative was eligible, during the term for which he had been elected, to election or appointment to any office for which a salary was paid, but Senators or Representatives holding offices could be reelected within term. Senator or Representative could not serve as counsel for any corpo- ration, or receive any fee from any person interested in legislation. To cure the evil of post- poning legislation and enacting most on the last day of the session hurriedly, no bill could be introduced after the fiftieth day of any session unless by written request of the Governor and with the consent of two-thirds of either house to be ascertained by yea and nay vote recorded in the journal, and no bill could become a law if passed on the last day of the ses- sion. The General Assembly was forbidden to borrow or incur indebtedness in excess of $500,000 without the consent of the people.

Irrevocable laws creating franchises or special privileges or immunities were to be void. The General Assembly was forbidden to permit towns to guarantee payment of the indebted- ness of corporations, institutions or individuals. For years a great volume of legislation amendatory of town and city charters had engaged the time of the General Assembly and had cluttered the statute books. The commission proposed a radical change that would obviate the necessity for repeated requests to the General Assembly for enabling acts. The General

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Assembly was directed to provide a uniform organization of local government for towns and cities, and forbidden to enact special laws for municipalities unless requested by a majority of the town or city electors at a meeting to which the special act had been submitted. Towns and cities were to be permitted to accept the general plan by a majority vote cast in any election. Any town with 20,000 or greater population might frame a city charter, to be adopted by the electors of the town and amended by them from time to time in manner not inconsistent with law. The General Assembly, as part of the general plan for municipal organization, might prescribe particular qualifications, not inconsistent with the Constitution, for electors partici- pating in municipal elections, voting on questions submitted to the referendum, and on tax questions, to be operative if approved by the electors of the municipality.

Even more radical was the provision for reorganization of the Senate, that stronghold of the Republican party, to which an effective veto of the Governor's power of appointment had been entrusted. Instead of a Senate consisting of one Senator from each municipality, the new Senate would consist of forty-three Senators elected in districts, practically upon the basis of population. The arrangement of districts was novel, thus: I, Portsmouth, Middle- town, Little Compton and Tiverton; II, Bristol; III, Barrington and Warren; IV, Cumber- land; V, Johnston, Foster and Scituate; VI, North Kingstown, Exeter, Hopkinton and Richmond; VII, Westerly; VIII, Charlestown, South Kingstown and Narragansett; IX, Burrillville, Glocester and Smithfield; X, Coventry, East Greenwich and West Greenwich ; XI, XII and XIII, Newport, Jamestown and New Shoreham; XIV and XV, East Provi- dence ; XVI to XX, inclusive, Pawtucket; XXI and XXII, Central Falls; XXIII and XXIV, Lincoln and North Providence; XXV and XXVI, Cranston; XXVII to XXX, inclusive, Woonsocket and North Smithfield; XXXI, XXXII, XXXIII, Warwick and West War- wick; XXXIV to XLIII, inclusive, Providence. By counties, the Senate would be appor- tioned : Bristol two, Kent four, Newport four, Washington three,' Providence thirty. Sena- tors were to be elected for four years, and divided into two classes, odd and even districts, each class to be elected quadrennially after the first election in which Senators from odd dis- tricts were to be elected for two years. The House was to remain unchanged except as affected by reapportionment on the basis of population after a census.

Appointments, including all officers whose election was not covered by the Constitution, that is, general officers and justices of the Supreme Court, were to be made by the Governor with the advice and consent of the Senate, the Senate not to act upon an appointment within five days. The Governor's veto was to be extended to the rejection of items in appropriation bills. Judges were to be removable by three-fifths vote of both houses, not less than ten days after a motion stating cause, a copy of the motion to be served on the judge, and an opportunity for a hearing to be afforded. The Supreme Court was to continue the practice of rendering advisory opinions but might decline to answer. The article on education in the Constitution of 1842 was rewritten, with the purpose of strengthening the General Assembly's obligation to provide for a state public school system, thus: "It shall be the duty of the General Assem- bly to provide for the maintenance and support of an efficient system of public schools for the education of the children and youth of the state, which shall be under the general supervision and control of the State Board of Education."

The proposed Constitution also included a simplified process of amendment and provision for the calling of constitutional conventions. The General Assembly might propose amend- ments by a two-thirds vote of the members elected, to become effective if ratified by a majority of the voters at any election. The amendatory clause also required that in 1920 and every twenty years thereafter the question "shall there be a convention to revise or amend the Con- stitution?" should be printed on the ballot, and that a convention should be called by the General Assembly on an affirmative vote by a majority. The convention should be composed of delegates elected in representative and senatorial districts; the revision or amendment

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should become effective only if approved by a majority of the electors. The commission reported also a draft of an amendment for woman suffrage.

The commission report was signed by eight members of the commission; the ninth mem- ber, George A. Jepherson, dissenting, filed a minority report, which included the following : "The people of any community will demand in the Constitution that which they require. In this report there are changes proposed for which, so far as I know, there has been slight demand in Rhode Island. Some of them, so far as I know, have hardly been discussed here at all. The aim in revising a Constitution should be to voice public opinion, not to create it. Inasmuch as this aim seems not to have been adhered to by the majority of the commission, I am not ready to acquiesce in their report." Mr. Jepherson explained his attitude as due in part to the fact that he had been appointed to fill a vacancy. on the commission, and had not attended most of the public hearings or heard much of the discussion by members of the com- mission. He seemed nevertheless to have gauged the probable opinion of the General Assem- bly-the proposed Constitution was altogether too revolutionary to anticipate other than what happened-and that was nothing. The General Assembly did not propose the commission report as an amendment, and it never reached a vote by the people. The constitutional move- ment of 1912 had resulted in failure in both aspects-the calling of a constitutional convention and the revision of the Constitution by commission. Moreover the movement had practically spent itself for the time being. Article XVII of amendments, ratified November 7, 1916, was scarcely political in its nature; it permitted the General Assembly for the state, and towns and cities exercising the right of eminent domain, to acquire more property than needed for actual construction.

WOMAN SUFFRAGE-Women voted for the first time in a general election in Rhode Island in 1920. The way had been prepared in 1917 by a statute conferring equal suffrage in presidential elections, a measure that lay within the right of the General Assembly, the Con- stitution of Rhode Island apparently to the contrary notwithstanding, because of the provision in the Constitution of the United States, "each state shall appoint, in such manner as the legis- lature thereof may direct, a number of electors."* Under the statute of 1917 provision was made for registration of women to begin July 1, 1919, in anticipation of the presidential elec- tion of 1920, and the use by women of a distinctive form of ballot, thus to prevent illegal vot- ing for general officers. Rhode Island was the twenty-third state to ratify Article XIX (woman suffrage) of amendments to the Constitution of the United States, January 6, 1920, and before the close of the January session, 1920, the General Assembly, in anticipation of ratification by three-fourths of the states, made provision for registration and voting, to become effective when the Secretary of State proclaimed ratification of the amendment, which he did August 20, 1920. The effect of the federal amendment was to cancel the word "male" as used in the suffrage provisions of the Constitution of Rhode Island, and the laws made in pursuance thereof, and to admit women to the polls subject to the same qualifications and restrictions prescribed for men. Doubt as to the rights of men who had been enrolled as qualified by ownership of real estate consisting of courtesy initiate was removed by a decision of the Supreme Court that both husband and wife may qualify on real estate owned by the wife in her own right, provided the wife's estate in fee, and the husband's courtesy, each is of the value of at least $134 .¿ The total vote in the state election of 1920, 168,842, was the largest cast in Rhode Island up to that time, and more than double that polled in 1918. Emery J. San Souci, Republican, was elected as Governor, defeating Edward M. Sullivan by the largest plurality, 53,175, ever polled in Rhode Island, the plurality being almost as great as the number of ballots, 55,963, cast for the Democratic candidate. Of French descent but American-born, son of a Civil War soldier who was mortally wounded at the battle of Salem

* Article II, section 1.

#Rice vs. Aldermen of Woonsocket, 43 R. I. 305.

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Church, June 10, 1864, Governor San Souci had been Lieutenant Governor for six years. He was a fine type of good citizen who, because of ability and fair dealing, had been success- ful in business and politics. His popularity was attested by the multitude of people who thronged the State House on the evening following his inauguration, forming long lines as they waited to shake the Governor's hand and wish him well.

THE WOES THAT BESET A GOOD GOVERNOR -- Governor San Souci's election had been achieved in spite of hard times and industrial unrest, which in the preceding administration had necessitated calling out the militia to suppress rioting, for the second time since 1842. The occasion was a strike of operatives at the National India Rubber factory in Bristol. The Adjutant General was notified on May 28, 1920, that the situation was serious; that because of a strike begun several weeks before and threats of damage to the plant, detectives had been hired as guards. The presence of the strangers was resented, and when the company announced that the factory would reopen and invited employes living outside of Bristol to return to work, there was a demonstration of violence at the railroad station and along the streets lead- ing to the mill. Missiles were thrown, pistols were discharged, and several persons were injured, the list including strikers as well as strikebreakers and guards. Governor Beeckman issued a proclamation, in which he declared the town of Bristol to be in a state of insurrection, announced that militia would be employed to aid the civil authorities, and urged all citizens to obey the laws. Troops were sent immediately, and in the evening a platoon of mounted men rode down a crowd of strikers in front of the factory and cleared the streets. Military patrol continued for several days, with no further violence, and on June 3 the factory reopened with- out molestation.

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Rhode Island : three centuries of democracy, Vol. II, Part 14

Author: Carroll, Charles, author Publication date: 1932 Publisher: New York : Lewis historical Pub. Co. Number of Pages: 716

Author: Carroll, Charles, author
Publication date: 1932
Publisher: New York : Lewis historical Pub. Co.
Number of Pages: 716