MacAdams v. Cohen

Martin, J. (dissenting).

The sole issue before this court is whether the vacancy caused by the resignation of Mayor James J. Walker on September 1, 1932, shall be filled at the general election to be held on November 8, 1932, or whether Joseph Y. McKee, president of the board of aldermen, shall continue to act as mayor until the expiration of the term for which Mayor Walker was elected.

The appellants and the intervenors contend that an election for mayor must be held at the next general election on November 8, 1932.

The petitioner, David MacAdams, contends that no such election may properly and…