Barron v. White
| Decision Date | 03 May 1909 |
| Citation | 29 R.I. 482,72 A. 644 |
| Parties | BARRON v. WHITE, City Treasurer, etc., et al. |
| Court | Rhode Island Supreme Court |
Application for mandamus by Joseph J. Barron against J. Ellis White, City Treasurer and Collector of Taxes, and another, to compel respondent White to accept the amount of a tax and certify petitioner's name as a voter. Writ issued.
Mumford, Huddy & Emerson (George H. Huddy, Jr., of counsel), for petitioner. Edward D. Bassett and Edward W. Blodgett, for respondent White. Hugh J. Carroll, for respondent Lennon.
The petitioner seeks a writ of mandamus against the respondent White, as city treasurer and collector of taxes of Pawtucket, alleging in substance that he is a duly registered and qualified elector of the Third ward of the city of Pawtucket, and assessed on July 10, 1908, by the assessors of taxes of said city for personal property of the value of $200, and "that he is one of the 515 persons whose personal property tax, assessed July 10, 1908, was paid by William H. Barclay to said J. Ellis White, city treasurer and collector of taxes, at said Pawtucket, on October 27, 1908, and that his name, together with the remainder of said 515 persons, has. by a decree of this court in that proceeding, entitled 'John F. Lennon v. Board of Canvassers and Registration of the City of Pawtucket et al., M. P. No. 99,' entered on the 15th day of April, A. D. 1909, been ordered to be stricken from the list of electors of said Third ward, qualified to vote for members of the city council of said city of Pawtucket." 29 R. I. 450, 72 Atl. 398.
The petitioner further avers that he "did not authorize said Barclay to pay his said tax on October 27, 1908, and that the same was paid by the said Barclay without the knowledge or consent of your petitioner," and further avers that, desiring to qualify himself for the new election of alderman and city councilmen for said ward, which this court has directed to be held, he tendered on April 20, 1909, the amount of his said tax, with accrued interest thereon, viz., $3.41, to the respondent White, as such city treasurer and collector of taxes, and demanded that his name be by him certified to the board of canvassers and registration in accordance with the provisions of Pub. Laws 1901, p. 116, c. SOS, § 4, but that the respondent White "refused, and still refuses, to accept said tendered payment, and refused, and still refuses, to certify under the law the name of your petitioner to said board of canvassers and registration, as aforesaid, alleging that he has no power to receive the money so tendered as...
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