In re Sullivan

The following is the opinion of the Special Term:

Crosby, J.:

At the time that this motion was brought on for argument, another motion was also heard in which it was sought to secure an order declaring section 249 of the Election Law to be unconstitutional in part and directing the board of elections to print the names of Andrew B. Gilfillan and William P. Brennan, candidates for the office of Justice of the Supreme Court, in the so-called LaFollette column, as well as in the column of the Democratic party, of which party they were the regular nominees. An order has been entered herein,…