The Providence news. (Providence [R.I.]) 1891-1906, 1897-03-23
WENT TO COURT
Johnston Democrats Ask
Writ Of MandamuS.
Want Names of Assembly
Candidates Put on Ballot.
After a Hearing Appellate Court
Directed Writ TO Issue.

Ihe Democrats or Johnston are feeling
very much aggrieyed over Secretary of
State Benefits construction Of the law
In regard to nominations for members of
the Generali Assembly. The secretary,
when he received tho nominations of the
caucus held in that town recently, by the
Democratic electors sent the certificate
back 10 Frank Canning, chairman of the
caucus. notifying him that as the Demo
cratic party i'm that town did not make
nominations for members of the General
Assembly TO be voted for in 1896 and the
Democratic party did not cast two per
cent of the votes cast for said officers Mt
that election, said party cannot make n
caucus nomination for such officers to bc
voted for at the next election.
Accordingly, Mr.. Canning and the can
didates sought legal advice on the matter
and Chairman Franklin p. Owen of the
Democratic State central committee and
Attorney X. B Comstock determined To
ask the construction of the Appellate
Court on this important point. The can
didates were induced TO apply for writ
of mandamus which was drawn up and
filed this forenoon Citation was ordered
returnable at 2 p. IN.
|. The court convened shortly after 2
clock tais afternoon, Justices Stiness,
Tillinghast and Rogers sitting. MIR. Com
stock of counsel for the petitioner read
the petition. He said Ii was admitted
that at the presidential election cast at
least two per cent. of the total vote was
cast by the Democratic party and also that
AT the last gubernatorial election at least
two per cent. of the total vote and that
the Democrats made no nominations for
the general assembly in 1896.
The court decided that the names Of the
petitioners should be placed upon the
ballot, but as Secretary of State Bennett
was i'm court and only wished to have the
legal point settled and when IL was set
tied perfectly willing to comply with the
courts orders there was no necessity for
the issuance of the writ.
The petition for the writ was as fol-
To the Honorable Justices of the Appellate
Division of the Supreme Court:
Anthony Corcoran, of Johnston, in
said county and state and John L. Wal
lace of said Johnston, and Charles A.
Brown of said Johnston, respectfully rep
resent and inform this court that they
are citizens and residents of the town of
Johnston, legal voters in said town, and
qualified respectively for the offices of
Senator and first and second Representa-
tives for said town TO the General Assem-
bly, Of said state; that ut caucus Of the
Democratic party OF said town held on
tie ninth day of March, A. d. 1897,
which party at the election next preceding
polled at least two per cent of the entire
vote east In said town they were nomi-
mated for Senator and first and second
Representatives from said town, and that
n caucus certificate of nominations in ac-
cordance with the general laws of Rhode
Island was filed In the Office of the secre-
tary Of state on the 10Th day of March
A. ID. 1897 according TO law; that Charles
y. Bennett. secretary of state has refused
TO place their names upon the official
ballot to be used In said town at the
election to be held on the first Wednesday
in April, A. ID. 1887.
Wherefore they pray that citation issue
to said Charles r. Bennett, secretary of
state Of tho State of Rhode Island, To
appear before this Honorable Court to
snow cause, If any he has, why man
damus should not issue commanding him
To place their names on said official ballot;
and that ~ writ of mandamus may issue
90 said Charles u. Bennett commanding
him 10 cause their names To be- placed on
the official ballot in accordance with the
gcaeral laws of Rhode Island, and, as in
duty bound, will ever pray.
lSipnadl