Papers on Appeal from Order Denying Petition of the Attorney-General

Papers on Appeal from Order Denying Petition of the Attorney-General

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1907 edition. Excerpt: ...and briefs. No opposing affidavit of the respondent or of others claiming to have knowledge of his residence within the district have been filed in this case (such as were filed in similar cases where the motions have been denied by the court) alleging respond-go cut's continued residence at the place of residence designated by him or elsewhere within the district. The facts set forth in the moving affidavits being, therefore, undisputed, the question arises whether the proofs submitted to the Court furnish sufficient evidence of the removal of the elector from the election district, as required by the statute. The proof shows that copies of the order to show cause Merc duly mailed to the elector to the, address designated by him at the time of his enrollment, and this, in view of his failure to respond, is some evidence that he is not a resident of the place so designated bv him. In determining the character and extent of the proof which should be required as to removal from the district, the purpose of the statute should be borne in mind, which is not merely to insure to each elector the right to participate in the primary elections, but also to render snch participation effective by excluding therefrom all persons not entitled to participate. To require the relator to present proof of the electors non-gg residence as to each possible place of residence within the district would be practically to nullify the statute. Proof of the departure of the elector from the place of residence designated by him, which furnishes the basis of his enrollment within the district, when accompanied by allegations that he has removed from the district, that diligent inquiry and investigation have Wen made to discover the elector's place of more

Product details

  • Paperback | 178 pages
  • 189 x 246 x 10mm | 327g
  • United States
  • English
  • black & white illustrations
  • 1236796179
  • 9781236796172