State v. Town Clerk So. Kingstown

The annual election for a senator and representative in the town of South Kingstown having failed, we are asked to issue a writ' of mandamus to the town clerk to call another election, under Pub. Stat. R. I. cap. 10, § 27. 1 .

This section provides, among other things, that whenever, in case of a failure to elect, the office shall become or be vacant, the town clerk shall' forthwith issue his warrant for an election to fill such vacancy. The argument is that Art. VIII. § 5 2 , of the Oonstitution, which limits the time for choosing senators and representatives to a time not exceeding seven…