New-York tribune., 1908-07-12
MCARREN HIT AGAIN
Court Decides Elections Board Need
Not RECOGNISE His Officials.

,.,. rxuv, of tba Supreme Court. Brooklyn,
refused yesterday to grant Senator FaCFlch n - ~
Carren nlandamus. compelling the Board OF EIec-
tons to accept his list of election off1ciaIs 1ho
1us+ioe holds that the state conventiorr was su-
preme in its right to recognize the faction OF the
Democratic party in Kings County headed by
George V s. Williams the regular organization
and that in consequence the list presented oy VIII
Jams must be accepted by the board
The McCarrentes will appeal from the declslon
but it is uncertain whether the case will be con-
sidered this summer by the Appellate DIVISION
which will reconvene within ten days to hand down
some decisions. At that time the court VIII be
asked to hold special session to hear the McCar-
appeal
The decision is regarded by McCarrenites and
anti-McCarrenites alike as being the hardest blow
that the Brooklyn leader has yet received
The next step to be taken by the "antis'' will be
to try to oust McCarren and his followers from
their offices in the Jefferson Building. as the ma
majority of the stock In the building belongs TO
the regular Democratic organization of the bor-
ough. Disownej by the state and national dele
gates, ousted from control OF the prtmatires and
the elections, deserted by a third OF his leaders.
deprived of patronage whether not his party is
victorious at the polls, Long Pat is facing
serious situation. Only the weakness Of his foes
and his strong personality can aid him now.
His opponents have unity no real leader among
the many who aspire 10 chief control, capable Of
bringing unity out of the chaos that has reigned
among them ever since the downfall OF the late
BOSS" Hugh Mclaughlin and McCarrens as
sumption of the county leadership.
In his decision Justice Kelly discusses at length
the facts leading up to the petition for the man
damus given at the time OF the argument be-
fore him by Isaac NJ Kapper. behalf Of the
McCarrenites. and ex-Surrogate James c. Church
and Lewis A. Delafeld, who appeared for Williams
and John II. Delaney, the leaders of the 'ants.'
After reviewing the law relating to the appoint
ment of election inspectors and their nomination
nv he oP he tuvoI Iead
nized regular by the last preceding state con-
ventlons. the Justice says:
The Legislature was empowered by the Constitu-
ton to prescribe the method by which the election
vided for their selection in many different ways
the party the judge Of the regularity Of opposing
factions. sections within the party in cities
Of these election ocIas is eoncerned OF WS tRe
wisdom of the method selected the courts have
The Legislature created the county committee
away or limit those powers and s1parentiv | Il has
done so. 1t could have provided. il it had seen
nominated or appointed by the state conven-
Apparently the state convention. by virtue of
the express legislative command, Is supreme in
have Charge not only o the local primaries Sut
also the election of the public officers whose juris
state and this important provision is distinctly
time of the provisions OF the primary election
vention before the court for review II makes no
difference whether the court agrees with the pro-
cedure by which the relator ousted or not
:. IL Is not for the court to enact statutes IL
the convention had the legal authority and abused
II. the remedy is not with the courts but with the
voters who may select other officials represent
them The Legislature has made the convention the
judge Of the qualifications and eligibility OF its
members Each convention shall decide all oues-
tions OF contested seats primary Election Law
of 1899. section 10l repeat that It is not for the
courts to say whether this provision is wise or m
wise whether 1t is in accord with the policy OF
home rule inaugurated by the primary law. II
the courts cannot interfere