This is an application made by Frank A. Randall, Louis E. Fish, Howard E. Smith and Alfred T. Williams, as the board of inspectors of the third election district of the town of Otsego, in this county, for an order directing the placing of certain names upon the register of electors under and pursuant to section 153 of the Election Law.
It appears that the petitioners, as the board of inspectors, duly assembled at the place designated for the registration of voters in the said third election district of the said town of Otsego, on Friday, the thirteenth day of October, and on
It is provided by section 159 of the Election Law that, “At the first meeting for registration in any election district wholly outside of a city or village having five thousand inhabitants or more, the inspectors shall place, upon the register the names of all persons who voted at the last preceding general election, as shown by the register or poll book of such
The Court of Appeals, in its recent decision in Matter of Frazer v. Hadley, in construing section 159 of the Election' Law as it relates to personal registration, held the same to be unconstitutional; and, in my opinion, it follows, as a legal conclusion, that the whole of section 159 is, therefore, not only abrogated by this decision, but is void, for the reason that its parts are so interwoven and interdependent that none can stand without the rest. People ex rel. Murphy v. Kelly, 76 N. Y. 475; People ex rel. Angerstein v. Kenney, 96 id. 294; Matter of Village of Middletown, 82 id. 196.
After a careful reading of the opinion in Frazer v. Hadley, supra, I am convinced that it was the fair meaning and intent of the court to hold the entire section of no force and effect, although it does not so state in so many words.
Therefore, it follows logically, as a conclusion of law, that section 159 of the old law takes the place of the new section 159, Laws of 1911, chap. 649.
Section 159 of the new law above referred to being unconstitutional, void, and of no force and effect in each and every part thereof, the statute controlling boards of registration in the proper discharge of their duties, as well as the duties ' which they performed as inspectors of. election, is section 159 of the old law, which remains the same as it did prior to the enactment of the new section 159. People v. Dooley, 171 N. Y. 74; People ex rel. Farrington v. Menching, 197 id. 9.
The old section 159 reads as follows:
“ Registration elsewhere — [Meaning other than in cities and.villages having five thousand inhabitants or more] At the first meeting for registration in any election district where
The old section 159 must be construed as not only permitting but requiring the inspectors of election, except in cities and villages having 5,000 inhabitants or more, to register all voters known to them to be qualified as electors in their respective districts, without the voters appearing in person, or by proxy. It follows that it was the duty of the petitioners, as the board of inspectors of the third election district in the said town of Otsego, to register, as duly qualified electors in said district, all of the individuals whose names appeared in schedule A on the 14th day of October, 1911. It also follows that every person in any election district in this county outside of the city of Oneonta, the same being a city having 5,000 inhabitants or more, who was duly qualified as an elector in such election district and entitled to have his name placed.upon the register of electors, whose name was, as a matter of fact, placed upon the register, in his election district by any such board of inspectors on the 14th day of October, 1911, is thereby duly registered and duly qualified to vote as an elector at the ensuing election to be held on the seventh day of November next.- S'ee opinion, Wheeler, J., in Matter Daniels v. Inspectors 2d District, Town of Elma, Erie County.
Let an order, therefore, be granted herein, directing the petitioners as a board of registration for the third election district in the town of Otsego, in the county of Otsego, N. Y., to convene as such board, on the second Saturday before the
So ordered.