Opinion
Argued April 2, 1918
Decided April 3, 1918
George W. O'Brien for appellant. Morton C. Fitch and Charles A. Van Auken for William Curtin et al., amici curiæ.
Frank Hopkins and William H. Harding for respondents.
C.S. Ferris and Harry D. Sanders for state commissioner of excise.
Order affirmed. The constitutionality of chapter 624 of the Laws of 1917 cannot be tested by a proceeding instituted under section 9 of that act which provides only for contesting the validity, sufficiency or legality of the petition in the manner provided by the Election Law as though such petition were a certificate of nomination.
Concur: CHASE, HOGAN, CARDOZO, POUND, McLAUGHLIN, CRANE and ANDREWS, JJ.