Fraser v. Brown — 131 N.Y.S. 1115

Majority

p. 1115

FRASER et al. v. BROWN et al.

(Supreme Court, Appellate Division, Fourth Department.

September 27, 1911.)

Headnote

In the matter of the application of Peter W. Fraser and another for an order directing the issuance of a writ of mandamus against the board of inspectors of election for the Second election district of the town of Rutland, Jefferson county, N. Y.

Order affirmed, and the writ refused, with costs to respondents, on a question of law only, on the ground that the application was prematurely made.

McLENNAN, P. J., dissents, upon the ground that section 169 of the election law (Consol. Laws, c. 17), as amended by chapter 649 of the Laws of 1911, is violative of article 2, § 4, of the state Constitution, and that, all the inspectors having declared unequivocally in advance of their convening as a board that they would refuse to register the appellants on the first registration day unless they appeared personally before the board, this remedy is proper. Reversed in 96 N.