Legal Opinion

Koenig v. Britt

Appellate Division of the Supreme Court of the State of New York

Decided February 23, 1912Published

Appeal by the defendants, J. Gabriel Britt and others, constituting the board of elections of the city of New York, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of February, 1912, as provides that the ballot by said order directed to be printed shall not make provision for the separate printing and election of members of the judicial district committee,…

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Appeal by the defendants, J. Gabriel Britt and others, constituting the board of elections of the city of New York, from so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of February, 1912, as provides that the ballot by said order directed to be printed shall not make provision for the separate printing and election of members of the judicial district committee, congressional district committee, senatorial district committee, assembly district committee, borough committee, aldermanic…

1Opinion of the Court

Dowling, J.:

The Legislature in the exercise of a power which is not here questioned has conferred upon party organizations the right to determine the unit of representation from which the members of the county committee shall be selected, as well as the number of members in said committee. Acting under the power thus conferred the Bepublican organization in New York county has selected the Assembly district as its unit of representation and has also fixed the ratio for such representation, based on the votes cast for its candidate for Governor at the preceding State election. By failing to…

2Cases cited1 opinion

  1. In re MurphyAppellate Division of the Supreme Court of the State of New York · 1908

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