New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1900-10-10
NJ. J. COFFEY SUSTAINED.
DECISION OF SUPREME COURT UPHoLDS
PRIMARY'S ACTION

PRIMARY'S ACTION.
IBY TELEGRAPH TO THE TRIBUNEl
! Albany. Oct. 9-The Court of Appeals gave
4 decision to-day interpreting the Primary Reform
| act which may have the effect of restoring into
both the great political parties in this State IN
! dependence OF action which has been notably
! absent for several years. The decision provides
Ffrst-Tbat a member of a general political
county committee cannot he removed from
Office by the vote of IA majority of the COM
/ mittee.
second-That the will of a majority of per-
sons voting at "a primary election for MEM
her of n county committee may not be over
ridden by the committee itself.
The decision was made in favor of the con-
tenton of Senator Michael J. Coffey. of Kings
County, that he is still member of the General
Committee Of The Democratic party in that
county, although that body formally expelled
him because he bolted the nomination of J.
Morrissey Gray for office a year ago A
majority Of the members of the Court of APP
peals. chief Justice Parker and Judges Haight,
! Vann and Landon, hold that the Special Term
of the Supreme Court was right in declaring
that Senator Coffey's expulsion was illegal, thus
reversing the judgment of the Appellate Di-
! vision of the Supreme Court, Id Department
that the General Committee possessed the in
herent right to take such action.
In the decision the order of the Appellate
Division is reversed. and that of the Special
Term is affirmed with costs. The decision sus-
tains the contention that a political committee
has not the inherent power TO expel member
for hostility to party nominees Judges Cullen
and o'Brien dissented from this judgment, and
Judge Bartlett concurred in Judge Cullen's
opinion.
THE OPINION OF CHIEF JUDGE PARKER.
Chief Judge Parker wrote the opinion of the
ruling majority Of the Court of Appeals He
declares in his opinion that the Constitution
guarantees dntrammened exercise of the
franchise and sketches the efforts of the Legis-
lature by registration acts to prevent fraud at
the polls. He points out that independence OF
voting promoted Intentionally by a separa-
ton of State and National elections. From this
he goes on to deal with the subject of primary
elections and conventions, and declares that
members were disciplined out" of general COM
mittees The Legislature thus confronted
with abuse Of the rights of its citizens in
primaries and at conventions and with choice
of two evils whether to compel association with
a member of a general committee hostile to a
portion of list of party candidates, or to per-
nit the general committee to deprive the pri
mary voters Of the choice of representative.
Judge Parker then adds:
II (the Legislature) decided that the wrongs
that had been and being done to the
primary voters exceeded that which resulted
from occasional association with hostile mem
Der. In other words, it was determined that the
majority of the primary voters were entitled to
select any representative they might desire. who
should be responsible to those eecting him, and
only to them, for his conduct in office
THE DISSENTING VIEW.
Judge Cullen in his dissenting opinion makes
the following Interesting remarks:
The political convictions of a member may
chs S11I1c RI md he M
c0nscientiously desire the defeat of the party
of which he is a member. Is the committee to
be RELOCATED to the chance of the members sense
of deIicaty debating his resignation the sole
means of severing its connection with him? Is
a county committee Of the Prohibition party to
be denied the power to remove member who
subsequent to his election engages in the MANI
facture sale of intoxicating lial2rs OF pays
so little regard to his political principles not
to remain sober for a week at g ti1ie' IT is
said that the power of the General Committee
TO eXpel members is not to be presumed. be-
if ii exists it may be abused. This is true
of the exercise of all power. Much is said OF the
evils that have grown up in the management Of
political parties and thu dctaticn that has been
exercised by political leaders and their Invasion
of the rights of the members II the party, and II
is asserted that the statute (tho Primary Re
form act) intended to secure 10 al citizens equal
rights in the management OF the parties to
which they may be allied. But az alliance car
not be made by person aI0u" Therefore,
! do not see that a has any greater right tn
| join a party unless on the conditions that the
| party praScrbes.
II the Legislature can prescribe this test a
condition Of membership in a party. | do not
1 why it may not require q condition Of
voting at a Democratic primary q declaration
| of belief in free coinage Of silver at ratio
! Of 1G to l. Of membership il. the Republican
| stituton Of the United States TO the territories
and dependencies of the country. Whether they
are fundamental doctrines of the parties I do
not attempt to say.