Attorney-General Ex Rel. Broderick v. Barry
Supreme Court of New Hampshire
Information, in the nature of quo warranto, to determine what persons constitute the local executive committee of the democratic party in Ward 5, Manchester. The relators were recognized as such committee by the democratic state convention and are now recognized by the state committee of that party. Facts agreed. Transferred without a ruling at the request of the parties by Peas-lee,, J., from the January term, 1907, of the superior court.
1Opinion of the CourtYoung, J.
Although a political campaign affects the public and is in that sense public business, the fact that it is the business of the members of the local executive committee of a political party to conduct such campaigns does not make them public officers. Attorney-General v. Drohan, 169 Mass. 534; Greenough v. Lacey, (R. I.) 66 Atl. Rep. 300. Neither does the fact that chapter 93, Laws 1905, imposes certain duties on the members of such committees make them public officers. The law regulates the method of conducting many other kinds of business, but it has never been suggested that the persons who…
2Cases cited4 opinions
- Attorney General v. DrohanMassachusetts Supreme Judicial Court · 1897
- In Re Objections to the Certificate of Nomination of FairchildNew York Court of Appeals · 1897
- Phillips v. GallagherSupreme Court of Minnesota · 1898
- Greenough Ex Rel. Dwyer v. LuceySupreme Court of Rhode Island · 1907
3Cited by8 opinions
- Wall v. CurrieTexas Supreme Court · 1948
- People v. BradyIllinois Supreme Court · 1922
- Morris v. PetersSupreme Court of Georgia · 1948
- State, Ex Rel. McCurdy v. DemaioribusOhio Court of Appeals · 1967
- State ex inf. McCulloch v. HoskinsMissouri Court of Appeals · 1998
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