110 N.E. 776 | NY | 1915
We think it is our duty to entertain jurisdiction of these appeals. It is true that Congress is the final judge of the qualifications of its own members, and that Congress has now convened. But it remains our duty to require the public officers of the state to comply with the state's laws (People ex rel.Sherwood v. State Board of Canvassers,
We pass, therefore, to a consideration of the merits.
In the Suffolk county case we think that the Appellate Division erred in its rulings as to ballots Nos. 161, 79, 151, 153, 178, 193, 444, 461, and that the objections of the intervenor Hicks, in so far as they relate to those ballots, should be sustained. The result is to increase his plurality by eight votes. In all other respects the order of the Appellate Division should be affirmed.
In the Nassau county case we think that the Appellate Division erred in its rulings as to ballots Nos. 318, 367 and 250, and that the relator's objections as to Nos. 318 and 367, and the intervenor's objections as to No. 250, should be sustained. The result is to give the relator two additional votes, and the intervenor one additional vote. In all other respects the order of the Appellate Division should be affirmed.
In the Queens county case we are unable to pass upon ballots Nos. 28, 39 and 48 for the reason that none of the Queens county ballots have been filed with us. Even if the questions in respect of these ballots were answered in favor of the relator, the result would not be changed. We have considered the other objections to the order of the Appellate Division and find them to be untenable.
The orders should be modified in accordance with this opinion, and as so modified affirmed, without costs.
WILLARD BARTLETT, Ch. J., CHASE, COLLIN, CUDDEBACK, HOGAN, CARDOZO and POUND, JJ., concur.
Ordered accordingly. *735