The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-08-13


BATH, (Steuben county Aug Is, 1854.
The County of Schuyler Nallifed-De Decision
ofa Judge PIonouncing the La,c Unconsfi-
fufiomal-INe Fruits Of Lobbying Des.
tyoyed.
The hundred thousand daily readers of the
HERALD will recollect that during the sessions
of the New York Legislature for the last do
BILE excitement existed upon, the subject of di-
viding the county of Steuben. Every year, as
certain as the Legislature convened, the con-
troversy was renewed, and the parties for and
against division were so equally balanced in
both legitimate branches and in the lobby, that
no conclusion could be satisfactorily arrived at
The contestants we're the lawyers, some residing
at Bath, the county seat, others in the different
villages on the Erie road and elsewhere. A
law was finally adopted in 1858, by which Steu-
ben kept her jurisdiction and her territory, but
for the accommodation OF the scattered petit
foggers the county was divided into two jury or
judicial districts, authorizing the Governor to
appoint disinterested commissioners to locate q
seat of justice for the new half shire. The vii
lage Of Addison, being nearest the centre, was
conceded on oil sides to be the proper place where
the new county buildings should be located; but
instead of which, the commissioners, for reasons
not yet satisfactorily given, and likely never
to be, selected the village Of Corning, lying
in the extreme south- east corner Of the county.
This produced the greatest disappointment and
modification to the friends who obtained the
passage of the law, and also to nineteen-twen-
tieths of the people residing in that portion of
the county who were to have been benefited
by the half shire. Finding that there was no
possible method by which the decision of the
commissioners could be upset, an attempt was
made to repeal the law, but the influence at
Corning and this city was too potent to per-
NIT it.
Then powerful lobby appeared, and urged
the necessity OF a new county from parts of
Steuben on the west, and a tier of towns from
Allegany on the west, comprising eight or
ten towns. The lobby succeeded in one
branch Of the Legislature The oppo-
ncnts then saw that the only chance of
defeating the new county was to make it po-
litical question. VIM. M. Hawley aud other
democrats were the leaoing applicants. who
wanted the county seat at Hornellsville, where
they owned the requisite sites for the county
buildings. The wings thought they saw cat
in the meal bag, in the shape Of strang demo-
cratic county, should the law pass. hmm
diately counter application was made. Chas.
Cook, of Chemung, repaired to the lobby. Be-
ing the most influential man in that region, he at
once drew up pro yramme whereby new coun-
ty could be erected out of parts Of Chemung, Tin
GLIDING the village Of Hayana.) and parts of
Steuben and Tompkins counties; and instead of
erecting new county. as desired by Hawley
and for which there existed some show of ne
cessity, why, the wing Legislature undertook 10
make the new county of Schuyler--as desired
by Mr.. Cook-the county buildings, of course
Co - I'LL 1cv x,oI AhoA ,ols
tics alone controlled the matter, and no refer
ence was had as to necessity or convenience.
But veto mas reared its frightful head. A
man named Eveland, residing in portion Of
the territory included in this alleged new coun-
ty of Schuyler has been prosecuted by the
overseers Of the poor to recover penalties for
violations of the excise law. 1t appears that
his town was divided in the formation of the
new county, and he came within its jurisdiction.
Eveland resisted payment, on the ground that
the law erecting the county was unconstituton-
| al, and that he resided still in the town of
I Wayne, instead of being set off into the town
Of Tyrone. The case was carried to the Stcu-
ben county court, and was recently argued by
distinguished counsel. Judge Larrowe has just
published his opinion declaring the law uncon-
stitutional, principally on the ground that the
not possess the requisite number Of inhabitants
to entitle it to member of the Assembly in
the Legislature and also on the ground that
by cutting up Chemung county as the law
does, that county is left without a sufficient
number for a member. In the first case,
the deficiency will be 2,s0l; in the latter COS,
according to the last census, which is the only
basis upon which representation can be form
ed until the year 1856, when the census Of 1856
shall have been taken. So it will be perceived
the county of Schuyler is effcctually vetoed.
The points, facts and arguments used by the
aforesaid Judge appear strong and undelhble,
and should the case be carried to the highest
judicial tribunals, it seems that he must be sus-
tanned. The fact that the territory included
in the new county did not contain the requisite
number Of inhabitants was shown over and
over again to the Legislature and the execu
tive. So much for political legislation, and
fear to veto a bill at the heal of the session.
The decision of Judge Larrowe is likely to
stand as the Judgment of the courts and fur
Their action suspended until another census is
taken.
Origin and Cause Of Descr tion In the United
States