Doyle v. Wade

• Decision Date: 27 October 1924
• Docket Number: No. 429.,429.
• Parties: DOYLE et al. v. WADE et al.
• Court: Rhode Island Supreme Court

126 A. 351

DOYLE et al.

v. WADE et al.

No. 429.

Supreme Court of Rhode Island.

Oct. 27, 1924.

Petition for writ of prohibiton by James J. Doyle and others, composng the School Committee of the City of Central Falls, against John T. Wade and others, composing the Board of Canvassers of the City of Central Falls. Writ denied.

Francis B. Condon, of Pawtucket, Green, Curran & Hart, of Providence, for petitioners.

Lawrence F. Nolan, of Pawtucket, for respondents.

VINCENT, J. This is a petition for a writ of prohibition brought by James J. Doyle, Rodolphe Rocheleau, Romeo W. Bassette, James F. Varley, Joseph T. Curran, and Bertha B. Smith, composing the school committee of the city of Central Falls, against John T. Wade, Thomas O. Allen, and Edgar L. Jodoin, composing the board of canvassers of said city of Central Falls.

The petition sets forth that at a meeting of the city council of said city of Central Falls on the 6th day of October, 1924, the following resolution was passed:

"Be it resolved by the city council of the city of Central Falls as follows:

"Section 1. The board of canvassers and registration is hereby directed to issue its warrant for and also print upon the official ballot for the municipal election to be held on Tuesday, November 4, 1924, the following questions, for the approval or rejection by the electors of the city of Central Falls, qualified to vote on a proposition to impose a tax or for the expenditure of money, viz.:

"Shall the city council of the city of Central Falls approve of the expenditure of $155,000, as proposed by the school committee, for the construction of one unit of a new high school building which shall not include a gymnasium nor provide for furnishing said building nor grading the land?

"Shall the city council of the city of Central Falls approve of the expenditure of $200,000, as proposed by the school committee, for the construction of a new high school building which shall include a gymnasium but which does not provide for furnishing said gymnasium nor the building nor grading the land?

"Shall the city council of the city of Central Falls approve of the expenditure of $112,000, as provided by the joint standing (committee) on education, far the alteration and remodeling of the present high school building so as to provide twenty-seven rooms, including a gymnasium and assembly hall and leaving the new high school site available for grammar school facilities?

"Section 2. This resolution shall take effect upon its passage."

The petition further sets forth that it is not within the power, jurisdiction, or right of said city council to so direct the board of canvassers; that the board of canvassers have, however, declared that they intend to comply with such direction by printing on the...