Folcarelli v. Spencer

This is a petition for an alternative writ of mandamus to compel the town council of Scituate to nominate and appoint the minority member of the canvassing authority from a list submitted by the chairman of the Democratic town committee or to show cause why they should not do so. We ordered the writ to issue in accord anee with the prayer of the petition. The respondents filed a motion to quash and an answer.

The case is before us on a stipulation of facts filed by the parties and certain oral evidence presented by respondents. There is no substantial dispute about the facts. The petitioner is…