The Jersey City news., 1906-10-31
DECISION Foh LEAGUE
New york's Highest Court Rules
In Favor Of independence
Nominees.
MUST 6E PLACED ON BALLOT


pendent Nominations by Multiple Pc
titions is Not Contrary to Statute.
Former Senator Hill Pleads For Lib
eraI Interpretation Of Law.
Albany, N. Y. Oct. 31.-The court of
appeals has decided that the makingaof
independent nominations by multiple
petition was not contrary to the elec-
ton statute and affirmed the right Of
the independence league to make such
nominations The court also decided
that iii the case of judicial nominations
the certificate filed first had prior claim
and that the Independence league had
a right to designate its own candidates
The decisions were handed down after
a special session of th court which
convened for the purpose of hearing
the appeals from appellate division or
ders in the New York city nomination
cases.
AS a result of the decisions these can
didates will be placed in the Independ-
enee league column on the official bal
lot: Edward j. Hannah, Labor and In
dependence league candidate in the
Eighteenth assembly district, New
York; Francis E. Shober, Tammany
candidate in the Seventeenth congress
sionaI district; Sherman S. Menand
Tammany candidate in. the Eighteenth
senatorial district; Charles v. Farmer,
Tammany candidate irrthe Eighteenth
congressional district; William Sohmer,
Tammany candidate in the Ninth con-
gressional district Judge Otto Rosal-
sky's name viii also go into tie Inde
pendence league column.
Other Candidates Lose.
= In the twenty three other cases the
decision of the appellate division
stands, as the court Of. appeals dismiss
es the appeal on. the ground that ques-
tions of fact are involved. Ordinarily
they would be sent back to the appel
late division for determination on the
questions of fact but there is no time
for that in view of the closeness of
election. s.
The court in the case Of John ]. Bra
dy for judge decides that he cannot be
placed in the Independence league col
umn, but must go in an independent
column.
Judge Gray read the decision, which
was by the whole court. It follows:
Six of the appeals before us are
from orders of the appellate division
reversing on the law only decisions Of
the special term. The sole question in
volyed in these appeals is whether
when certificates for Independent nom
nations are required to be fled in the
same Office any one of such certificates
shall be,held invalid because it is made
for the nomination of more than one
candidate, the electors making it being
qualified to make a certificate for the
nomination of all the candidates men
toned therein. We find nothing in the
sto7tute which forbids nominating GER
tifcates of this character. nor does
there seem to be any practical ground
which would be fatal to their validity.
This is III accordance with repeated
decisions of this court and of the appel
late division, that the election law
should be construed literally to give
effect to the will of the people. These
views lead to a reversal of the order of
the appellate division IN these cases
and to the afirinance of the order of
the special term.
Based on Previous Decision.
I'm certain of the other cases the or
der of the appellate division is based
upon the ground that the party appeal
ing to the special term from the de-
termination Of the board of elections
had not sufficient standing for that pur-
pose, not being 9 party to the proceed
ing. In this view of the appellate diyi-
sion we concur, it being in accordance
with our previous decision in the mat
ter of the Social Democratic party (1s2
N. Y, 442).
"As to the question raised in one of
the appeals (matter Of the application
OF Samuel 2. Terry that the person
nominated would be disqualified from
election as member Of assembly be-
cause a commissioner Of deeds we are
of opinion that that question cannot be
determined in proceedings with refer
ence to the certificate of nomination.
but must be left to the assembly to de-
termine in case of his election. The
case of people ex rel. Sherwood versus
state board Of canvassers (I29 II. T.,
800 decides only that the court will
not give a disqualified candidate af-
frmative relief, but it does not au-
thorize such a proceeding as this to
have a nomination declared invalid.v
Senator Hills Plea.
In arguing the case for the Indepand-
ence league former Senator David B.
Hill and the other attorneys represent
ing the league contended that a mifts
pie certificate of nomination nominat-
ing candidates for congress, senate ana
assembly could not be deemed invalid
if the signers resided within the as
sembly, senate and congressional dis
tricts for which the nominations were
sought to be made. Senator Hill urged
the court to be liberal in its construc-
ton of the law. He held that there
was no express language in the cleo
tion law prohibiting multiple certif-
cate Of nomination, and in its absence
q certificate Of that character should be
held valid.
IN