Legal Opinion · Dissent

O'Keeffe v. Dugan

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

Decided November 4, 1918Published

Appeal by Robert P. Griffing and others, intervenors, from an order of the Supreme Court, made at the Suffolk Special Term and entered in the office of the clerk of the county of Suffolk on the 4th day of November, 1918, enjoining the acting town clerk of the town of Riverhead from doing anything tending toward submitting to the voters of said town the question of local option.

1Dissent

Putnam, J. (dissenting):

The words of Judge Gray in Matter of Bronson (150 N. Y. 1), that no resort is to be had to the Statutory Construction Law (now General Construction Law) where the language of the statute under consideration is clear and unambiguous, I think control us. The precise terms of this local option provision of the Liquor Tax Law have been unchanged since they *55were introduced in the Liquor Tax Law by the enactment of section 16 of chapter 29 of the General Laws by chapter 112 of the Laws of 1896. As this court intimated in Matter of Travis (184 App. Div. 505) the practical…

2Cases cited2 opinions

  1. In Re the Appraisal for Taxation of the Property of BronsonNew York Court of Appeals · 1896
  2. In re the Designation of TravisAppellate Division of the Supreme Court of the State of New York · 1918

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