Bentman v. Seventh Ward Democratic Executive Committee

Dissenting. Opinion by

Mr. Justice Cohen:

The majority opinion has held, that our courts have jurisdiction to issue a . writ of mandamus compelling the.reinstatement.ofnn.ousted committeeman of a political. party despite the fact that no. vacancy in that position, exists. In so holding, the majority have overlooked one crucial fact — that -before the outsiders can get in, the insiders must be ordered out. And this, I am, afraid) no court should .ever accomplish by writ of mandamus;. Indeed, plaintiffs themselves have averred that following their removal'from office, two successors were…