In re Morgan

• Decision Date: 16 October 1906
• Citation: 78 N.E. 869,186 N.Y. 202
• Parties: In re MORGAN, State Superintendent of Elections.
• Court: New York Court of Appeals Court of Appeals

186 N.Y. 202

78 N.E. 869

In re MORGAN, State Superintendent of Elections.

Court of Appeals of New York.

Oct. 16, 1906.

Appeal from Supreme Court, Appellate Division, First Department.

In the matter of the application of George W. Morgan, state superintendent of elections for the metropolitan elections district. From an order of the Appellate Division (99 N. Y. Supp. 783), affirming an order of the Special Term, granting an application to strike the name of Patrick Furey from the register of electors, he appeals. Affirmed.

R. Burnham Moffat, for appellant.

Julius M. Mayer, Atty. Gen. (Danforth E. Ainsworth, of counsel), for respondent.

VANN, J.

This proceeding was commenced by an order requiring one Patrick Furey to show cause before a special term of the Supreme Court why his name should not be stricken from the register of electors of the thirty-fourth election district of the thirty-second assembly district of the county of New York. Upon the return day of the order to show cause the application was granted, and an appeal was thereupon taken to the Appellate Division, which affirmed the action of the lower court; one of the justices dissenting. The order of affirmance is now before us for review, and the only question which the parties ask us to decide, all others having been expressly waived, is whether the metropolitan elections district law violates the home rule provisions of the Constitution. The first statute relating to the subject was passed in 1898, but the amended act of 1905, which is a re-enactment with changes and additions, is the one now in force. Laws 1898, p. 1612, c. 676; Laws 1905, p. 1846, c. 689. The provisions of the Constitution involved are sections 1 and 2 of article 10, which relate to what is known as ‘home rule.’

The act creates ‘a metropolitan elections district for the purpose of all elections for state officers,’ composed of the counties of New York, Kings, Queens, Richmond, and Westchester. The governor is required to appoint an officer ‘to be known as ‘the state superintendent of elections for the metropolitan elections district.’' That officer is authorized to appoint deputies, the same number from each political party, who, by his direction or on their own motion or on complaint of any citizen of the state, may ‘investigate all questions relating to registration of voters, and for that purpose * * * have power to visit and inspect any house, dwelling, building, inn, lodging-house or hotel within the metropolitan district and interrogate any inmate, house dweller, keeper, caretaken, owner, proprietor or landlord thereof or therein as to any person or persons residing or claiming to reside therein or thereat.’ A deputy may ‘arrest any person without warrant who in his presence violates or attempts to violate any provision of the election law or the Penal Code relating to crimes against the elective franchise.’ He may ‘execute warrants of arrest and take into custody the person or persons named in such process; inspect and copy any books, records, papers or documents relating to or affecting the election or registration of electors,’ and ‘require every lodging-house keeper, landlord or proprietor to exhibit his register of lodgers therein at any time.’ The state superintendent is given power to issue subpoenas ‘for the purpose of investigating any matter within his jurisdiction and aiding him in enforcing the provisions of’ the act; to administer oaths and take depositions ‘in all matters pertaining or relating to the elective franchise,’ and with his deputies to attend elections, an equal number from each of the leading political parties being assigned to each polling place, and ‘during the election to preserve order and arrest any person violating or attempting to violate the’ laws relating to registration and elections. It is made the duty of lodging house and hotel keepers in the metropolitan elections district to keep a register of the names and residences of their guests, and the date of their arrival and departure, with a description of the physical pecularities, place of nativity, occupation, and place of business of each. The superintendent may require the chief of police and the heads of the building, fire, and health departments to make certain reports to aid him in enforcing the laws passed to prevent fraudulent voting. The boards of inspectors of each election district are required to report to the police at the close of each day's registration the name of each person enrolled, and the police are required to forthwith deliver the same to the state superintendent at his office. The superintendent and his deputies are clothed with the powers of peace officers for the purposes of the act. All salaries and other expenses of carrying the act into effect are paid by the state, and the superintendent is required to make an annual report to the Governor of various facts relating to the administration of his office. The act contains other provisions which set forth in great detail the means and method by which...