Legal Opinion · Dissent

People ex rel. Spire v. General Committee of Republican Party

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

Decided February 15, 1898Published

Appeal by the relator, Leonard S. Spire, from an'order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the 15th day of September, 1897, denying the relator’s motion for a peremptory writ of .mandamus allowing the relator “to inspect the enrollment.books of the Republicans of Erie County, * * * and to make such transcripts therefrom as he might be advised.”

1Dissent

Adams, J. (dissenting):

The defendant is the political organization in the county of Erie of one of the two principal parties of this State, and as such it has duly adopted certain rules and by-laws for its government, and presumably for the furtherance of the principles of the political party which it represents.

During the summer of 1897 the defendant, in pursuance of such rules, had caused to be made enrollment books containing the names of all the members of the .party who had been registered and who were entitled to vote at the primaries to be soon thereafter held in the city of Buffalo.…

2Cases cited5 opinions

  1. People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
  2. In re CuddebackAppellate Division of the Supreme Court of the State of New York · 1896
  3. People ex rel. O'Sullivan v. New York Law SchoolNew York Supreme Court · 1893
  4. Matter of MaddenNew York Court of Appeals · 1895
  5. People ex rel. Board of Education v. GraceNew York Supreme Court · 1888

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