Fernbacher v. Roosevelt
New York Supreme Court
Appeal from special term, Hew York county. Action by Hathan Fernbacher against Theodore Roosevelt and others, constituting the board of police commissioners of the city of Hew York, to enjoin them from printing names of candidates for state offices in any column upon the official ballot under the name or emblem of the “Hew York State Democracy.” An injunction was granted, and defendants appeal. Affirmed.
1ConcurrenceBarrett, J.
(orally). I concur, and will state briefly the grounds of my concurrence. The key to the solution of the main question here presented is the legislative intention with regard to the new device of a party emblem. Clearly, no state party can have more than one emblem. If that be so (and it is unquestioned), no state party can secure additional emblems through the accident of local dissensions. The state party’s emblem runs through the whole state, and covers the candidates nominated by its state convention. The policy of the law was to make the ballot clear, and to keep it within reasonable…
2Cases cited2 opinions
- In re MitchellNew York Supreme Court · 1894
- In re MaddenNew York Supreme Court · 1895