
    The People ex rel. Robert Wallace, Resp’t, v. Thomas S. Ryan, Town Clerk, App’lt.
    
      (Supreme Court, General Term, Second Department,
    
    
      Filed July 2, 1891.)
    
    1. Elections—Printing ballots.
    No matter what the body of voters may have called themselves, if a ticket is nominated and filed according to law the clerk should print the ticket for the popular vote. An objection that the ticket was made by an irregular body and is not a nomination of the regular party, is frivolous.
    2. Same—Mandamus.
    A mandamus will lie to compel the printing of such ticket, although the clerk has not passed on the objections filed. It was not the intent of the statute that the clerk should make an order on the objections before the court could make an order.
    Appeal from order directing a peremptory mandamus to issue commanding appellant, as town clerk of the town of Westchester, to print and distribute ballots containing the names of alleged republican nominees for offices to be filled at a town meeting to be held March 31, 1891.
    
      H. C. Henderson, for app’lt; David H. Hunt, for resp’t.
   Barnard, P. J.

—The papers showed that a convention was held in the town of Westchester, on the 20th of March, 1881. There was a call for a primary meeting of republicans of the town publicly posted on the 7th of March, 1891. A ticket was nominated, duly certified and filed with the town clerk.

Objections were filed to the ticket, and the relator testifies that the town clerk was about to refuse to print the ticket The town clerk admits the filing of the ticket and that objections were made to it, but says that he will not refuse to print the ticket “ if he decides the objections are not well founded; that he had sent notices to the persons named in the ticket objected to, and that he is ready and willing to decide, after reasonable opportunity is given to the parties interested to be heard. The only objection to the ticket is, that it was made by an irregular body, and was not a nomination of the regular republican party. The peremptory writ was properly granted. By § 13 of chapter 262, Laws of 1890, the clerk is excused from passing upon* the objections if an order shall be made by a court of competent jurisdiction on or before Wednesday preceding the election. The object of the law was not that the town clerk should make the order upon the objection before the court could make an order. This would defeat the law in some instances. The clerk might delay his decision until it was too late to print the ticket The objection taken was entirely frivolous. No matter what the body of voters may have called themselves, if - a ticket was nominated and filed according to law, the clerk should print the ticket for the popular vote.

The judgment is affirmed, with costs.

Pratt, J., concurs; Dykman, J., not sitting.  