The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-24
An UNFAIR APPORTIONMrNE
Gov. Kobinson's Protest Against the Bill
Passed by the Legislature.


ALBANY, April 3.-The Governor has filed
the Apportionment bill in the Office Of the Sec
retary of State. together with objections to tho
same. The bill thus becomes law without his
signature and approval. Tho following is his
protest.
STATE OF NEW YORK EXECUTIVE CHAMBER.
ALBANY. April %, 1879.
NemordndIun dled icW Senate bin No. "a. e,,ti-
tied An act 10 organize me senate districts and
senLly oTitis STATE"
No mandate Of the Constitution is more ex-
plicit than that which imposcs uuon the Legis-
lature the duty OF altering the Senate and As
semby districts at the first session after the re-
itants OF the State in the manner provided
In the Constitution. Such an enumeration
was had in the year 1875 and the oath taken
by the members OF the Legislature in the ensu-
ing year hound them to make rcapportion-
ment But they did not do 50. and three ses-
sions have now been suffered to pnss without
the discharge Of this plain and simple duty |
have repeatedly expressed TO the Legislature
my opinion OF this nagrant violation of our or
ganic law. ! need not now rCitcrate IL. Again
and again has this constitutional command
been held up to the Legislature only to
gle day in each House could at any
time have, eonlpassed a proper -, and
fortnight since no bin on the subject was ma
tured Ten days ago the present bill WIS
given IT my signature, and thus, even Mt this
last day. wiped away from the State the re-
proach OF u broken Constitution. But. rs l
peruse its provisions. | find that proper re-
! gard for nv own official duty forbds me to APP
/ prove IT,. For not less explicit than the COM
| mand TO apportion II that Othcr provision that
! the apportionmcnt shall be made as nearly as
| may be- according TO the number OF the respec-
| tive inhabitants of the different localities.
The Senate districts are TO Dee So apportioned
that they shall consist OF contiguous territory
/ and contain. as nearly IA may be. an equal
number of inhabitants. ami the members of AS
| semby are to be allotted to the several counties
as nearly as may be according 10 ihe number OF
| their respective inhabitants This bill does not
| comply win these proNlsinns OF the ConstIu--
tion. The First Senate District contains l2S.261
| Inhabitants. the Second 100 600 the Ninteeuth
| District contains 1ul 693. the Fourteenth 15Q.-
| 2O4. the Thirty-second District contains lu6,-
522. the adjacent Thirty-ilrst District 10000.
| Some slight inequality OF population WIS
| doubtless necessary In the arrangement OF the
districts from contiguous territory hut glance
at the map will show that the rank injustice
| done in almost every district west Of the Hud-
| son River had some other cause than desire
| for geographic fitness. For instance the
| Twenty District stretches from the Penn
| sylvania line to Lake Ontario. and others are
scarcely less incongruous; To specify the To-
| tion ar in the population of the Senate districts
would be to call the roll OF half the counties in
| the State. That these wrongs were In nearly
every rhse unnecessary is the common tesu-
monY Of all who are familiar with the subject.
In the distribution OF members Of Assembly
| the bill Is still further from meeting the re-
| Quirements OF the Constitution. nnd that Cat
taraugus County. with 45.737 inhabitants. has
| two members. while Suffolk. with 5O.33O. is
| given but one. Orange. with 50 225 inhab-
itnnts has but two members, while ST. Law
| renee. with only 1904 gets three. Nor can
| understand the philosophy which gives to the
| latter county. with 5000 Inhabitants the same
representation as Monroe which exceeds its
| population by nearly $4,000.
These discrepancies are not TO be explained.
| They admit of no apology or excuse, They are
| OF the same class as the so-called necessity
| which entirely leprives 10000 inhabitants iD
| New York and Kings Of their proper represen-
tation. ! might cite other instances equally
| Rlaring but deem the ones given sufficient to
| Illustrate the injustice of the measure.
These and similar defects forbid that should
sign this bill. and the question as to its DISPOSE
| tion resolves itself into the choice between a
| continued disregard OF both the mandates OF
| the Constitution rs TO apportionment and the
acceptance of this partial and imperfect COM
pliance Suffsring this bill TO become a law.
there is removed from our State the disgrace OF
a refusal to apportion Ht all.
There remain and must remain. tho reproach
| OF an unfair and unequal division of the Srnn-
| tors and members. While. for the reasons
stated, am not willing 10 sign the bill II is per-
mtted TO pass into "a law hy lapse of time. ns a
lesser evil than q continued neglect of the entire
| constitutional direction on the subject
| lSignedl l.. Robinson.