Reports of Cases Decided in the Court of Appeals of the State of New York Volume 129

Reports of Cases Decided in the Court of Appeals of the State of New York Volume 129

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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. 1892 edition. Excerpt: ...shall be void and not counted." w The reasoning of the court by which that conclusion was reached is applicable here. (Talcott v. Philbrick, 59 Conn. 472.) Other cases could be cited which hold the principle that ballots cast by electors, not conforming to the provisions of a statute intended for the purpose of securing secrecy, and which reyeal the contents, or render it capable of subsequent identification, are void by force of prohibitions in ithe statute against receiving and counting them in substance the same as is to be found in the statute under consideration. (Field v. Osborn, 21 Atl. Rep. 1070; fn re Vote Marks, Id. 962; LedJetter v. Hall, 62 Mo. 422; Perkins v. Caraway, 59 Miss.. 222; State v. Calhoun, 61 id. 556.) We think that these ballots cannot be counted without weakening or breaking down provisions of the statutes which, in view of its general purpose, must be regarded as vital. For these reasons, the order appealed from should be affirmed. Ruger, Ch. J. While I concur in the opinion delivered by my associate, Judge O'brien, I have thought it proper to state in my own language the line of thought which has led me to the conclusions reached by a majority of the court. I regard this case as one of primary importance, not so much perhaps from the effect that its decision may have upon the interest of the individuals engaged in the controversy or the temporary prospects of political parties, but from the permanent influence which it will exercise' upon the cause of ballot reform, which has in recent years shown itself Bo strong in the regard of the people, and vindicated that favor by the success which has attended the enforcement of the reform legislation of 1890 and 1891. It cannot be disputed but that in more

Product details

  • Paperback | 292 pages
  • 189 x 246 x 15mm | 526g
  • United States
  • English
  • black & white illustrations
  • 1236790480
  • 9781236790484