Page:Federal Reporter, 1st Series, Volume 9.djvu/30

IN BE APPOINTMBNT OP SUPER VI80RS OF ELECTION. 15 �vention as representing the democratie party in the city and county of New York. '?. �Wbenever a question bas arisen heretofore in respect to what polit- ical organization shonld be recognized by the court in appointing Bupervisors, as entitled to be considered as the regular representative organization of the political party, the practice bas been to recoghize that one whicb was recognized by the last state convention of the party. It bas been thought wise to recognize some one organization as entitled to represent the political party, and to ask that members of its organization, recommended by it, and those only, provided they were fit and proper persons, and met the requirements of the statute, should be appointed the supervisors from such political party; and no rule more likely to efifect a just resuit, and to meet ■with general acquiescence, could be suggested thap the one above referred to. But, like every general rule, it must be modified t>y a change of eircumstances. If such general rule were to be applied to the present case, without reference to any circumstanjces which have transpired since the last democratie state convention was held,, the organization called "The Democratie Organization of the City and County of New York" would be recognized as the regular, Representa- tive organization of the democratie party in the city and county of New York ; but it bas been made clearly to appear to the court that, since the last democratie state convention was held, such proceeding^ have been duly and regularly had, by proper a-pd authorized repre: sentatives of "The Democratie Organization of the City and Coupty of New York, ".that, although that organization may still formally exist, the new organization called "The New York County Dem- ocracy" must be regarded as representing it and its members, and as the only organization now recommending persons to be appointed as supervisors from the democratie party, which ought to be recognized by the court as the regular representative organization of the dem- ocratie party in the city and county of New York. Theref ore, the persons recommended by the organization called "The New York County Democracy" will, if fit and proper persons, and mepting the requirements of the statute, be appointed by the court as supervisors from the democratie party. ��� �