Decisions Relating to the Liquor Tax Law of the State of New York Volume 3 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 Excerpt: ...at the polls. The election should not be declared invalid on the ground that the officer having charge of the printing of the ballots made an honest mistake or some slight omission in the printing of the ballots, unless they are fraudulent or affect the results of the election or render it uncertain. When a statute is open to construction it should receive such an interpretation as will secure, if possible, the object of its enactment. In this case there is no claim or suggestion of fraud on the part of the town clerk or any one else, and there is no foundation for any claim that the returns do not correctly represent the will of the people as expressed at the polls. The policy of the act was to get a fair vote of the electors of the town upon the question of license or no license. No question is raised that the canvass of the votes was not made properly. The allegations of the moving papers do not show that a different result would have followed had the acts complained of not occurred. These acts must, therefore, be treated as harmless irregularities and are no grounds for the order asked for. People ex rel. Noyes v. Board of Canvassers, 126 N. Y. 392; People ex rel. Bradshaw v. Bidelman, 69 Hun, 596; People v. Cook, 8 N. Y. 67. The question, what statutory provisions are to be regarded as directory merely, has been the subject of much discussion. In the case of People v. Cook, 14 Barb. 259, Justice Mason, who delivered the opinion of the court, cites a large number of cases in which various statutory provisions have been held to be merely directory, and lays down as a rule that statutes directing the mode of proceeding of public officers are directory and are not to be regarded as essential to the validity of the proceedings of officers, unless it be so d...