The sun. [volume] (New York [N.Y.]) 1916-1920, 1918-08-24
Appellate Division Is Unani-
nous in Overriding
Cropsey Decision.
SIGNATURES ACCEPTED
Appeal May Be Taken Only
With Courts Consent-Un-
likely, Says Becker.

81 comptroiler Es,9ene n. Travis as
candidate for denomination on the He-
publican ticket II valid and stands. JUS
tice Thomas writes the opinion. when
was given out last night several houre
after argument had been heard. Justces
jerks, Minis Jaycox and Putnam cyn-
CURED. The Arst three wrote supple
mentary opinions. All were brief'
About thirty thousand OF the sisna-
lures on the Travis petition we're &C
knowledgsd before notariss. u was tne
contention Of John Kissel q Brookiyn'
who 10 also Q candidate for the Repuph.
can nomination for Comptroller. 'tnat
these signatures were void. ne afSucu
the petition. being hisd In u county
other than that in which all except some
TOO signatures were obtained, tne
should have been &C
companisd BY an Authorization py we
several county clerks that the hotAic.
public were authorised to take an ac-
knowledgemsnt Mr.. Kisssl also raised
the point that $4,000 more signatures
were invalid, because. being Witnessed
and not acknowledged neither the can.
didate nor his COMMITTEES had vouched
for the good character OF the witnesses
Justice TAonas's Opinion.
However, ~ these thirty signatures
were not needed to mako mp the REQUISITE
5000, the Appellate Division did not con-
slider this point The opinion OF !ustice
Thomas reads:
II vote to reverse upon the ground
that the Office Of the Secretary OF State
il common to the State and ID not HIM
tied to the county OF Albany; and that
whom the Secretary Of State receives q
petition. his function and act are not
confined within the county OF Albany
but operate and extend through the
whole State. Hence no Authsntication
by the County Clerk OF the notary's GER
tificate II required. nor has It been prac-
tised or regarded a. necessary In Ming
papers with the Secretary OF state
where certihcation BY notary public
or similar officer Is demanded. II the
verincation Of tho petition be regarded
as an acknowledgment, still no further
form seems to Do required either for
that. or for q declination by the person
designated or for filling . vacancy"
On the same state Of facts the Appel
late Division reversed the decision OF the
lower court. throwing out the petition Of
Comptroller Travis as a candidate for
the Prohibition nomination. II Also re-
versed Justice Cropsey In declaring in
valid the petition Of Samuel Fraser. q
candidate for Comptroller on the Bennett
ticket.
There was . difference Of opinion last
night a. to whether the Court Of Ap-
peals, which has arranged to sit In Al
bany on Tuesday. II necessary. would
take UP the case. When there 10 . unan-
imoua decision by the Appellate d.
vision a litigant may not appeal to the
Court Of Appeals except by special per-
mission Of the court, the only exception
being q constitutional case. where the
right to appeal II absolute.
SECOND Reversal Unliksly.
Deputy Acknowledgement Becker said
last night:
"I am inclined to believe there 10 no
constitutional question involved here.
In any case I think this decision will
be taken as nnal. because do not
think any court would grant a stay
against the Secretary Of State which
would hold up the printing OF the bal
lots He will certify the name Of Comp
troller Travis and the ballots will un-
doubtedly be printed"
Abram s. Gilbert, who represented
Mr. Travis, said no did not think the
Court Of Appeals would consider It
necessary to convene 70 consider a
unanimous decision.
However. II may be that State Of
ficials and politicians may think II Of
Importance to get Anal ruling from
may ask the Court Of Appeals to carry
out its original intention OF sitting
Tuesday. But II IL not considered likely
the Court Of Appeals will reverse the
decision.
To the opinion Of Justice Thomas JUS
tice jerks added this comment:
The Secretary Of State 10 the State
officer. A notary 10 a public officer of
tho State. Much force must b given to
the practical construction that has OBJ
tained heretofore"
reverse upon tho following grounds
First, that the term ACKNOWLEDGMENT"
in section 4S Of the Election Law is not
there used In the Same sense As that
term 10 used in sections 10 and IL of the
general construction law, and, second,
that the election law provides . distinct
and detailed course OF procedure which
does not require authorization before
Ming.
Justice Jaycox writes:
"I am firmly OF opinion that section
IL OF the general construction law does
not require a clerks cortification to any
paper to be nled in the once Of the Sec
rotary Of State"
At the argument In the afternoon
Judge Nathan L. Miller. who formerly
sat on the Court Of Appeals. represented
the signers Of the Travis petitions and
Mr.. Gilbert acted as personal counsel
for Controller Travis.
1--WE arc here" said John Godfrey
SAKE. who asked special permission to
speak on behalf Of the Democratic State
committee. seeking the elimination of
red tape from the election lava We
forego the temporary advantage arising
from the confusion In the ranks Of our
enemy"
Louis J. Altkrus argued for the az
firmation Of the Cropsey order on behalf
OF Mr.. Kissel. .. ..,., ..... ..,