Landes v. Town of North Hempstead

The decision about to be rendered seems to me to constitute usurpation by the courts of the powers of the Legislature or the people through constitutional amendment. Prescribing the qualifications of public officers has long been regarded as a function of the Legislature. It was written by Justice William F. Dowling at Special Term in Matter of Becraft v. Strobel (158 Misc. 844, 850, affd. without opn. 248 App. Div. 810, affd. 274 N. Y. 577) :

‘ ‘ Section 23 of the Town Law is not obnoxious to either the State or Federal Constitutions. The Legislature ‘ may, in the exercise of its judgment for…