Eagle River review. [volume] (Eagle River, Wis.) 1890-1927, 1892-10-20
NEW YORK LAW VALID
Deeision of the Supreme Court !. =,
AppOrtionment Case.


+ ALBANY, N. Y, Oct. 13.-In the can,
of the people ex rel. Pond, appellam
against the Board of Supervisors ~
Monroe County, and the people ex rel
Horn, appellant, VS.. the Board of ST.
pervisors of Oneida County, bette,
known as the apportionment test cases
the court of appeals to-day reversed
the order in both cases, and motions
for a mandamus were granted with
costs in all courts.
These were cases in which the con,,
was asked to issue orders for writs Of
mandamus, compelling the Board Of
Supervisors of Monroe and Oneida
counties tc redistrict the Assembly dis.
trict in those counties in compliance
with the epportionment law passed by
the last legislature. The order Of the
lower court was affirmed with costs in
all courts.
In the case of the people ex rel,
George Carter, of Utica, appellant
against Frank Rice, secretary OF state
the court was asked to grant an iniunc.
tional order restraining the secretary Of
state from recognizing the new appor.
tionment law or sending out no.
noes of election of members Of
Assembly to county clerks except TN.
der the apportionment law Ct 1889, the
lower court having refused to grant such
an order.
The main opinion upholding the law
ia written by Judge Peckham. Jus.ica
GRAY also writes an opinion uphoidine
the law. Judge Andrews wrote dis
senting opinion which was cOncurred in
by Judge Finch.
The court is unanimous upon all the
questions involved except those dis
cussed by Judge Andrews opin-
ion. The justices practically agree
on all questions touching the con-
stitutionality of the apportionment
law except on the question of the dis
cretion used by the legislature in appor-
tioning the remaining members OF As
sembly among the counties having frac.
tlonal ratios.
The vote of the court of appeals sus
tanning the apportionment Is prac~
tically to 2, the five being judges
Earl, Peckham, Gray, OBrien and
MAYNARD. Judge Andrews filed sepa-
rate opinion.
To elect a United States Senator in
this state requires 81 votes on joint bal
lot of the two branches of the Legislature.
The Democrats will have II votes next
winter when the time comes for electing
a successor to Frank Hiscock, assuming
the majority in that body holds together
till that time. The Republicans will
have Is votes, and one, Edwards, Of the
Thirty-second District may not be cast
for either party candidate. To
elect the Senator the Demo-
Gratis must have "a votes in the
Assembly and the Republicans
81. While therefore the Republicans
Will be able to control the legislation IN
the Assembly if they elect IS members,
they will need three more to contloi
the United States senatorship. There
were 81 Democrats and 81 Repub-
licans in the Assembly Of 1892
Three of the Republicans were
from New York, and three from
Kings. If the Republicans can elect
out OF the 80 which this new appoftion'
ment assigns to New York, and out o.
the IL which it gives to Kings, they
can secure lot only the control of TIT
Assembly but also the Senate.
Of the judges, Earl, Chief Justice
O'Brien, Grasys, Peckham and May
nard are Democrats, and Finch and
Andrews are Republicans.