The Providence news. (Providence [R.I.]) 1891-1906, 1893-04-20
THE I AANDAMUS | CASE.
Will Probably Be Postponed by the
Request Of the Counsel.
HEARING In THE SUPREME COURT.
The Text Of the Application for the Writ
against the South Kingstown Town
Council-Mr. Carroll VIII Contest Mr..
Jenks's seat-Other Political News.


Council-Mr. Carroll VIII Contest Mr..
JsnLs's seat--Other Political News.
Late In the afternoon yesterday the
counsel In the mandamus case against
the town council Of South Kingstown
came to the agreement whereby the hear
ing assigned to take place at tho Wake
field Town hail this morning was post
poned Till 8 o'clock this afternoon, at the
county court house in this city.
The Republicans were anxious to Sc
cure postponement SO that sufficient
time might be given to file . demurrer
and prepare an argument. but the Demo-
crats wanted to rush the hearing.
Al this afternoons hearing Attorney
Bosworth moved for a continuance
until Saturday morning next in this
city. In order that he may be afforded
time in which to prepare his demurrer
and argument This motion was op-
posed by Arthur Brown, ESQ, counsel
for the Democratic side.
The text of Attorney General Burbank's y
application for writ follows:
To the Honorabre the Supreme Court Of the state Of
Rhode Island:
Robert w. Burbank. OF the city and county OF
Pr.yid nee in said state ai,orney-general OF the
s.. ate. n:this behalf comes he = in.o thus hon
Sns @ o. sd ,n. saa
court that an election was holden in the town OF
Ksr On Ss Il rs ss' wsSns s VI
1898. provided by the const tuition Of the state
said town TO the general assembly OF
the state for the term commencing, on
ballots cast at said election We're In accordance
ss e ss by ss s sy q
lsvS. and neither OF the persons vote! for. for
eevsd majority OF all the Votes Cast At SAID elee-
tion ana the said town council OF said town OF
ebapes % Of Y Che Psns Laws az ssfS e
Island. which is as follows. VIZ IF no election
tive in the general assembly. or either OF theIn
upon the day apPone;d by law Tor any election The
held not more than ten days from the first election,
ord re- red new eiectIon g be held Tor the election
o. senator and representative, 20 be held the
.s day OF eaad Ad and p sss Snd S Ss as
iitn day OF April, A. ID. 1898. and the ballots cast
sSs COUNTED S1y BY the ei town % council @ q p' Soul
kngstown. and it appearing that there was no
election; holden on said 1ith day OF AprIi A. %
Gy' dry aaas@ electors Of said M u south klngs
town To order new election, as Is required by law
aud lherrup, N adjourned without ordering a
| new election as In auly bound they were required
il was, is the duty OF said town council TO
der a new election In said town for senator and
require Them TO do so Where ore your petitioner
prays that writ of mandamus may issue from this
s6aidcn. George ". Browning, David
persons constituting the town council OF said town
OF South Kingstown, commanding them 10 forth
OF south kingstown Tor said Office OF senator an
| representative OF said town. IN accordance with
ROBERT w. BURBANK. Attorney General.
The argument of the town council
| will be based upon the following allega-
| tions:
| The Narragansett charter provides that re-
| previous electiol. and the law hoSs.
Tae general law provide tnat a notice OF dis
time of holding such meeting.
The notice of such meeting was not posted seven
days before the time that the meeting could legally
The supreme court win not order onicer to do
what cannot legally be done.
Chapter o. 'or the Public Laws. passed after the
Narragansett charter repeas IL.
All OF these acts enumerated uncons titutona
and are not binding upon the town council.
Further postponement of the nearing
may be necessary because OF the fact hat
Judge Rogers is confined to his residence
by sickness and there Is death III the
family of Judge Tillnghast.
The members of the town council are
reticent but the general opinion in South
KIngstown seems TO be that the supreme
courC will sustain their ac ION in not
OF cTlnR dnOJutT eleCtlou.
The North smithfield Muddle.
1t is understood that ia the place of
the personal inquiry which Governor
Brown presented to the supreme court
with regard TO The North Smithfield
case. a brief 10 being prepared by Repre-
sentative Blodgett OF Pawtucket, whic h
will be presented TO the court. TIE brief
will cite the facts In the case, and the In "
with relation to it s seen from a Repub-
lican standpoint. 1t Is claimed that IN
present assembly can have no official
asse bly,, and that therefore no action
can be taken in the vacancy caused Ly
the death of the senator. elect from North
Kingstown until the meeting of the new
senate at Newport. The vacancy causel
in be house by Mr.. hendricks death
will not be filed, as the remainder OF the
term Is so short.
Other Political Matters.
Hugh j. Carroll of Pawsucket will
contest the seat OF Representa- tive j. L.
jerks, alleging fraud and bribery Ia the
ell, ction.
Among the candidates for speaker of
the house OF representatives have teen
mentioned: Chairman Franklin II.
Owen of the Democratic state centr
commit e.. Daniel j. McOsker, Percy ID.
Smith, George i. Brown aud Represeh Ia
tiye-elect Garvin O. umberand.
Dennis III. Sheahau, formerly reading
clerk, is mention-u "a for that position, and
there are numerous candidates for re-
cording clerk and Lbe cierksnips oil tie
various comnittees.