In re Objections to the Certificate of Nomination of Fairchild

The respondent contends that inasmuch as the election has been held, the decision of the questions presented on this appeal is of no importance, as it can, at most, only affect the question of costs. We think the questions involved are of sufficient importance to require their determination by this court, as it may prevent future embarrassment in the congressional district to which this controversy relates, and also settle other questions upon which there is a conflict in the decisions of the Supreme Court. (Matter of Madden, 148 N. Y. 136 , 139.)

In examining the various questions to be reviewed, we deem it neither necessary nor desirable to make any very complete or detailed statement of the circumstances and transactions out of which this controversy arose. Consequently, we shall state only such matters and facts as are necessary to an understanding and decision of the questions to be decided.

The flrst inquiry relates to the jurisdiction of the courts below. A summary proceeding under the provisions of the Election Law wras instituted to review the determination of the secretary of state to the effect that the appellant was regularly nominated as the candidate of the Republican party for the office of congressman in the sixteenth congressional district, and his name entitled to be placed upon the Republican ticket as such nominee. The sixteenth congressional district is within the bounds of the second judicial district, and also of the second judicial department. Both the complainant and the respondent were residents of that district and department. The office and residence of the secretary of state are in the city of Albany, which is in the third judicial district. The proceeding under review was instituted and prosecuted before a justice of the Supreme Court for the third judicial district, and the review of his determination was by the Appellate Division of the third department.

The language of this statute is uncertain, and presents the question, within what judicial district, or wdtliin what county, can a justice of the Supreme Court or a county judge entertain jurisdiction of such a proceeding. Is it the county or district in which the officer making the determination resides or his office is located, or in the county or district where the complainant resides and in which the district is located for which the nomination is made % If the former, then, in every case where the nomination was made for a district which includes more than one county, all such proceedings would have to be instituted in the third judicial district before the Supreme Court or a justice thereof or before the county judge of Albany county. Is it at all probable that such was the intent of this provision ? I think not. I think

But it is said that it could not have been the intention to compel the secretary to travel over the entire state to attend these proceedings, and that there might be two or more on the same day, so that it would be impossible for him to attend them all, and hence, it is improbable that such was its purpose. The force of this contention is more apparent than real. It is obvious to a person understanding the character of these contests, and the manner in which they are usually conducted, that they are rarely, if ever, defended by the officer making the determination sought to be reviewed. Usually, the only parties interested, or who attend, are the contestants, respondents and people, residing in the immediate locality where the nomination was made. If the intention of the statute was to confine these proceedings to the district or county where the officer resided who made the determination,

Thus I am led to the conclusion that Mr. Justice Edwards had no jurisdiction- to hear and determine the proceeding before him; that he erred in not dismissing it on the appellant’s motion, and that the learned Appellate Division erred in affirming his determination. .

While the conclusion we have reached upon the question of jurisdiction requires a reversal, and a consideration of the other questions presented is unnecessary to a determination of this' particular controversy, yet, to prevent other complications that may arise out of the existing state of' affairs and to prevent embarrassment in the future administration of the law, we deem it best to consider some of the other questions presented to tho end that'they may be settled by this court for future guidance in the execution o.f this statute.

The regularity and validity of the nomination of the appellant seem to depend upon "two propositions: One is whether

a majority of the delegates elected in the sixteenth congressional district, who, it is claimed, were favorable to the nomination of the appellant, Avere properly elected or, under the circumstances proved, must be held to have been so elected; and, if so, the other is Avhether they were properly convened for the purpose of making such nomination, so that their action was regular and binding.

As to the first, we are presented at the outset Avith the question how far the action of the state and judicial conventions is controlling in determining whether the delegates who participated in the Fairchild congressional convention were properly elected. Section fifty-six of the Election Law pro

That the state committee and state convention of a party are its regularly constituted authorities there can be no doubt. In this case, whether a majority of the delegates in the congressional district favored the nomination of Fairchild depends solely upon the regularity of the election of five delegates elected in the second assembly district of 'Westchester county. In that district an assembly district convention was regularly called. Before its organization, however, a dispute arose between the delegates, and two separate conventions were organized, each of which elected delegates to the state convention, delegates to the judicial convention, and delegates to the congressional convention for the sixteenth district. When the state convention assembled, the delegates • elected by each of these two conventions appeared before the state committee and the state convention, and claimed seats in the latter. The contest arising out of this situation was first brought to a hearing before the state committee, which, after considering the matter, decided that the assembly convention which elected delegates who were favorable to Fairchild’s nomination was the regular and properly organized district convention, and that the delegates elected by it were the duly and properly elected delegates. This contest was then brought to a hearing before the convention, where the matter was again investigated, and considered, and the convention reached the same conclusion.

Subsequently, the question of the regularity of the assembly district convention for that assembly district arose in the judicial convention held for the judicial district which included that assembly district. The question was again contested, and the judicial convention reached the same conclusion as that reached by the state convention. Thus, the state committee,.

The effect of the statute and how far its provisions are binding upon officers determining these questions and upon courts or judges in reviewing the determinations of such officers, is a subject upon which the Supreme Court has rendered variant and conflicting decisions — one class holding that the determination of party conventions or party authorities has no weight whatever, while the other class is to the effect that in determining questions as to the regularity of conventions, officers and courts should rely upon the action and determination of the regularly constituted party authorities upon the question where there has been such a determination. We think the latter effectuates the obvious intent and purpose of the statute. It is much more proper that questions which relate to the regularity of conventions, to the nomination of candidates, and the constitution of committees should be determined by the regularly constituted party authorities, than to have every question relating to a caucus, convention or nomination determined by the courts, and thus, in effect, compel them to make party nominations and regulate the details of party procedure instead of having them controlled by party authorities. We think that in cases where questions of procedure in conventions, or the regularity of committees are involved, which are not regulated by law, but by party usages and customs, the officer called upon to determine such questions should follow

We are, therefore, of the opinion that the action of the state committee and state convention should be regarded as controlling, and that the courts below were not justified in holding that Ward was properly nominated, as it is manifest, if the action of the state convention is to control, a majority of the properly elected congressional delegates of the sixteenth district voted for the nomination of Fairchild.

But another question is raised, which is whether the convention at which Fairchild was nominated was properly called. There were two committees, each of which claimed to be the proper one. The committee calling the convention at which Fairchild was nominated was elected at the regular congressional convention, held in 1894, when Fairchild was first nominated as congressman for that district. In the spring of 1896 it called a convention for the sole purpose of electing delegates to the national convention at St. Louis. That was the only purpose of the convention, and the sole object mentioned in the call issued by the committee. The convention, however, when it met, attempted to appoint a new congressional committee. Whether it had the authority to do so is another of the questions involved. I think it had not. The electors of the district who were members of the Republican party elected delegates to that convention for a single purpose only. They conferred upon the delegates thus elected the power to perform for them one single act. The whole governmental power and authority of a party rest in its members, in the same manner that all governmental power of the state rests in the people until delegated to its representatives. Delegates can represent the members of a party only to the extent of the author

We think the learned judge before whom this proceeding was instituted correctly held that on the hearing before him the parties should be confined to the papers used before the secretary of state whose determination he was called upon to review. The proceeding before him xvas clearly one of review, was in no sense original, anr1could be properly heard ■ only upon the papers upon which the original determination was based.

The order of the Appellate Division and the order made by Honorable Samuel Edwards should be reversed, and the determination of the secretary of state affirmed, with costs in all the courts.

All concur, except O’Brien, J., not voting.

Ordered accordingly.