47 N.Y.S. 294 | N.Y. Sup. Ct. | 1897
It is a part of the history of the state, that at the time our present election statute was first enacted, municipal government had generally fallen and settled into the control of"
The foregoing conditions have been called to mind, only to put in contrast with the high purpose out of which our election statute grew, the contention in this case, very ably presented, that the provisions of that statute now under review should be technically and strictly construed with the paramount view of preventing the. cost to the public: of printing too many nominations upon the ballots. The two decided cases Which are cited (Oliver and Klinker cases, 31 N. Y. Supp. 467), are some authority for such contention, but they are not controlling. To put such question of expense above the great purpose of the- act, in ,construing its provisions, would be a grave misconception. To print nominations like these is a matter of'small expense; to reject them would prevent many from conveniently voting as they. wish to, and might sometimes destroy a great movement struggling to prevent government from becoming a mere subject of individua:! -spoil.
This is a review under section 56 of the Election Taw, of the decision of the board of police commissioners that the nominating certificates of the independent body named the Citizens’ Union
To the objection that the oath is only that the signer is an elector, without stating that he is an elector of the territory or district for which the certificate of nomination is made, it is enough to say that the court will take judicial notice that the certificate of nomination shows that fact by the residence given, and the oath must be construed as made in reference to it.
The other objections it seems to me are embraced in the disposition of these two.
The decision of the board of police commissioners is sustained.
Ordered accordingly.