Legal Opinion

In Re the Representation Vacancy

Supreme Court of Rhode Island

Decided February 9, 1887PublishedCited by 6 opinions

The Public Statutes of Rhode Island, cap. 11, §§ 5, 6, are: — “ Sect. 5. The ballots given in at such elections (i. e. of representatives in Congress) shall be returned to the General Assembly at its session next ensuing such election, and those given in each district shall be separately counted; and .the candidate having a majority of legal votes therein shall be declared elected, and shall be furnished by the governor with a proper certificate thereof.

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The Public Statutes of Rhode Island, cap. 11, §§ 5, 6, are: — “ Sect. 5. The ballots given in at such elections (i. e. of representatives in Congress) shall be returned to the General Assembly at its session next ensuing such election, and those given in each district shall be separately counted; and .the candidate having a majority of legal votes therein shall be declared elected, and shall be furnished by the governor with a proper certificate thereof. “ Sect. 6. If no person have such majority, the General Assembly shall order a new election at such time as they shall deem most expedient;…

1Opinion of the Court

OPINION OE THE COURT.

To His Fxcellency George Peabody Wetmore, Governor of the State of Rhode Island and Providence Plantations :

We have received from your Excellency a communication re questing our opinion on a question stated therein. The statement is that William A. Pirce was by the General Assembly declared to have been elected November 4,1884, a representative in the Forty-ninth Congress of the United States from the Second Congressional District of this State, and that January 25, 1887, the national House of Representatives adopted a resolution declaring that said William A. Pirce was…

2Cited by6 opinions

  1. Richardson v. YoungTennessee Supreme Court · 1909
  2. American Civil Liberties Union of Ohio, Inc. v. Robert Taft, Governor of OhioCourt of Appeals for the Sixth Circuit · 2004
  3. Howard v. HolmSupreme Court of Minnesota · 1940
  4. ACLU v. TaftCourt of Appeals for the Sixth Circuit · 2004
  5. American Civil Liberties Union of Ohio v. TaftDistrict Court, S.D. Ohio · 2002

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