48 N.Y.S. 866 | N.Y. App. Div. | 1897
By the Court:
The details of our rulings on the question of the validity or invalidity of various ballots cast at the recent election in the borough of. Richmond, and our reasons for such rulings, have been announced orally in open court'upon the hearing, of the appeal, and it is not necessary for us now to recite them. But we regard it our duty to call attention to what we deem a serious public danger, likely to arise under our present system of voting. In this way the public may be made aware of the need of reforms in the Election Law (Laws of 1896, chap. 909) by reason of difficulties of administration, which would otherwise be adequately appreciated only by the courts and parties in such litigations as the present., Easily one of the most serious misfortunes that can happen to any community is a disputed title to high governmental office. We are not unmindful of the gravity of the evil of corruption in the exercise of the elective franchise; but such an evil can hardly be as great as the evil of the contentions of rival parties for the control of the government, proceeding on the denial of the legal right to such control- Communities have existed with no small degree of prosperity, even during a period of corruption in the exercise of the franchise by voters, and even in their legislative bodies. But no community can long maintain itself in peace and security where different factions or parties deny the title of their rivals to the control of the government and support such denial by resistance. In 1881 the control of the general government of this country was transferred from one party to another by the result of thé election in the State of New York on an average plurality of votes for electors not exceeding 2,000. Under the present system it would seem, from the case before • us, that the number of ballots rejected as void in the count of each election district at the recent election would average five to a district. The rulings of various boards of canvassers as to what are void ballots
Goodrich, P. J., and Gulden, Bartlett, Bradley and Hatch, JJ., all concurring.
Order of Special Term modified, and, as modified, affirmed, and a peremptory writ of mandamus ordered to issue.