In re Baker

This is a proceeding on the part of the petitioners to eliminate from the count of the votes cast in the first district of the first ward of the city of Utica at the recent election certain alleged illegal and void absentee ballots. The respondents challenge the power of the court in this proceeding to determine the questions presented and to change the result as announced by the board of elections of said district. It is further alleged by the respondents that these questions can only be decided in an action in the nature of quo warranta to test the title to the office in issue.

The…