Kidder v. Mayor Cambridge Et Al. Cabral Et

DOLAN, Justice. These are two petitions in each of which a writ of mandamus is sought. The cases were heard together by a single Justice of this court who, without decision, reported them upon the petitions, answers and statement of agreed facts for the determination of the full court. The case therefore come before us on the report as cases stated. G.L.(Ter.Ed.) c. 231, § 126. In the first case, Clarence P. Kidder is the sole petitioner, and the respondents are the mayor of Cambridge, three duly appointed and qualified election commissioners of that city, and Benjamin F. Wyeth. The petitioner seeks the issuance of the writ to compel the mayor and the three duly qualified election commissioners to recognize him as an election commissioner of the city until such time as his successor is appointed in accordance with the provisions of St.1939, c. 43, and to restrain the respondent Wyeth from assuming to act as such a commissioner.