38 N.Y.S. 348 | N.Y. App. Div. | 1896
The main objection urged by the appellant against the regularity of the election in question is that it was conducted in accordance with the provisions of section 9 of the General Act for the Incorporation of Villages (Chap. 291, Laws of 1870), arid no wise in conformity with the requirements of the Election Law of 1892 (Chap. 680)-; -that is to say, there were no official ballots provided for the election, and ■the ballots voted at the election were not blanket ballots but separate ballots in favor of or against the proposed incorporation; also there were no voting booths, guard rails or similar arrangements dr appliances. The validity of this objection depends on the question whether the Election Law of 1892 (Chap. 680), as amended in 189S, (Chap. 810)j is applicable to elections to determine the question of an incorporation of a proposed village. The statute of 1870 directs in express terms hoav such an election shall be held and the style of ballots to be voted thereat. The statute in these respects has not been in direct terms either repealed or modified. ,If not in force it must bé because the Election Law of 1892 covers the same subject-matter and operates as an implied repeal of these provisions of the Village Law. The first reform ballot Iuav Avas that of 1890 (Chap. 262). After thé enactment of that statute an election was held to pass upon the proposed incorporation of the village of Harrisville, The election was held and the voting had in the old way. On appéal it Avas held that the Ballot Law of 1890 did not apply to such elections and that thé election Was valid. (Village of Harrisville v. Lawrence, 66 Hun, 302.) It is entirely clear that that decision was correct. The Statute of 1890 was repealed in 1892 and the Election Law substituted for it, but I find nothing in the latter statute to show that it was intended to include elections of this character. Sections 2, 3 and 4 of the statute would seem to confine its scope and application tti general elections and special elections to fill vacancies in office-There has not been pointed out to me, nor can I find any express provision in it, that it shall be of general application tb all elections'. The direction as to official ballots and the form of such ballots is plainly not general. Section 80 prescribfes when official ballots shall be provided: “ Official ballots shall, be provided at public expense at each polling place for every election at which public officers-are to-be elected directly by the- peo-..
It may be conceded that the language of this section in its present form is broad enough to' include the election here in dispute, but this concession is not conclusive upon the question presented. The intention of the Legislature must be determined from a- consideration of the- two- statutes taken in their entireties. It is to Be premised that repeals by implication are not favored. “ A statute may sometimes be regarded as being repealed by reason of its inconsistency with a subsequent statute and by' implication ;' but repeals by implication are not favored, in the law,’ and it. is only in cases where the repugnancy is clear and manifest and the two- statutes cannot be reconciled or stand together that this rule can be applied.” (Mark v. The State, 97 N. Y. 572. See People ex rel. Van Heck v. Protectory, 101 id. 195.)
The provisions of the several election' laws enacted during the last six years for the furnishing of ballots at public expense • were not dictated solely by a purpose of insuring the secrecy of the vote.- This could largely if-not wholly be accomplished by other provisions of the Election Law. These provisions proceeded mainly
The order appealed from should be affirmed, with ten dollars costs and disbursements.
All concurred.
Order affirmed, with ten dollars costs and disbursements.