New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-10-05

the r.t session after an enumeration Ihs Lessa'1tc
OF 1892 through acrobac performance: IL
called 1t another session. Then it passed the Ap
portIonment act. But contend there has been only only
session OF the Legislature OF 1892, not TWO. me
books containing the laws OF the state show that @ tiie
vonmes Y Of the Statutes Of is47 are marked thus
Laws passed at the first meeting OF the Ih session
of the Legislature Of Newlork,' and Laws passed
at the second meeting of the nth session OF the
legislature of New York"
stature has anticipated the passage OF an Ap-
stature ever anticipated the passage OF an .a AP
por ionment act. No Legislature heretofore. when
if the census Of 1892 was properly taken, me o oiS ~
who act upon 1t Is the Legislature oi leo'. OF
power Of a Governor TO defeat an appOruohmeht ny
not calling an extra session!
HOW CAN THE PUBLIC INTEREST BE CONSERVED
How can these matters be so settled so as to best
the interests of the people fnere can Ve
no transfers OF Legislature and political p)wer Win @
out friction and public excitement Is II rot Dgse
that these periods shall only take pace at irs ,d
intervals Is it not best that the LeSlsiture shou
lie limited to acting on these matters at My regular
intervals I address these remarks to the cou,t & be-
cause 1t naturally has leaning toward decaihg te M
the Legislature has acted rightly. But would call the
attention of the the necessity OF strictly EN- c
saws that a census shall be taken only once IN zen
years only last week the highest court OF WEc9n s
sim for second time this year, declared legisa,
tive appOrtionment act unconstitutional on the gr uu
that the command OF the constitution bad oeeh ost az
garded that the legislative dis rlctS sR2ult D, ui
vided equally 50 far rs population was nee neu.
have conhd nee that this high court OF Now YORK VIII
interpret the constitution In the same manner; ,.rcth
j. F. Scarf OF JtiCa. ID, nOcTat, argueu at ieHs''
that the apportonment of legislative districts coWu
not be made In the same year as that III winch 'i'e
census wis made. Edward II. Risley. OF uhca. sup
mitted brief showing the inequality OF representation
in the Assembly and Senate Districts Henry D. COOK
inghlm OF Utica. who submitted BRIEF deiendlhg
the constutonality of the Legislative Apportionment
| act said he surrendered his time to the Attorney
General. ,,,,,,.,r
ATTORNEY. GENERAL RoZENDALE's ARGUMENT
Attorney General Rosendale then made an argument
in defence of the Legislative Apportionment act. lie
said:
would challenge al the beginning the right OF Nr.
sutherland in the Monroe County case; to submit to
ns ts iD in The ~ senate Districts would challenge that
upon the ground that It Is not ohcial s ,o toh,s
which n. s, cr,arv of State submitted to the LegSat
urc Any one can from that table that the secre-
z~ns in each senate District New York and BROOKLYN
figures are Just as correct as those Oh ,e ,e0ro
tary Of State, and, We assert. far more correct
Her, Judge Maynard asked his first question; "Mr
Rosendale you say that Mr.. Risleys figures are not
official and those OF the Secretary OF State area'
That is Just what l say" replied Mr.. Rosendale'
! The Attorney-Geneal then began reading from MS
brief to the court, saying in substance;
The objection is raised that the AppGrtionment aet
could not be- passed by the same Legislature as tiht
whisb passed tnr Consas act 1t seems to me that
this objection has no Particular f4rSe living nOa he VII ers %
IN inirrs thS richt contend that the Constitution did
not @ ac the TSs nssaFfL same a c could pass an p
poronment act. 1t IS true 1t nad 10 pass t IIs up up
por0nment act at differ ent session, but IL cOuu pass
+ the same year May there not be several sessions
during a legislative year 1t would De mohStrous, 70
.Inp,,e that "A legislature can only have one session
IN a year Where would the Governors time on PTS
end II there was only one session - No oli S Snsli
become aw the GosH'%n M tb sS 9nI5 Il SHALL
have been signed by the Governor II seems 10 me
that the Constitution thus provides Tor seVe son'
REMARKABLE CONDITION.
Governor Flower. when he called the Sii,an ~
affairs single Assembly districts In rural New ioTN
lad voter that three Assem6 bat fSe ex
lroordinary session was the very time when tie & Ap
porqnment bill should hay hsTe .oIe 6ee atenton viii
acknowcdge that popular belief ths fst sc Dnr
Appointment bill could only be passeH sos, ''e S re-
isn't word in he Constitution decihr,ng a,lt III
Bgures OF tho enumeration must pc ns cysred this
ground admirably In his opinion that the & ~ 'be
nary session the next session r III thV made in the
lower courts that persons Of color not taxed were
not considered in passing Sne Amendment Of
,Ue ,Se Constitution OF the. United sa5es WdTs
has ed that feature OF ., coISp 5hS not ta1edS
Constitution. the woius Pci''"' " W w
are absolutely void .
Nav not the Legislature Interrupted Judge An
drevs exclude persons Of color not taxeo III na"s
nm the Assembly and Senate distnctsl"
.Thpy cannot rep1eu Attorucy-N'chNi"
o., ,he ron stitution has become dead-letnr III ohs
respect How could the Legislature or the secIr.a,
NJ state discover the persons OF color not taxed i"e'e
are no such persons - ,,
How does It appear upon the recor1F 'hq"reu
Judge Andrews. -..,s
II have several affdavs.' said Mt. outhelianu'
- attached to my brief, showing the existence 4" Pr
sons Of color not taxed
Attorney General Rosendae then argued at ieisu'
that the legislature had discretion In the Trimming VI
the Apporonment act.
TT WOULD MEAN WILD SCRAMBLE.
Edward H. RIscy. who followed the Attorney'"eh-
eral. said IT., uo asks
What does the Attorney General ask iie % "'nn nn
,bot tLc LEGISLATURE have discretion III Plsslns nsII T
Nnnorf ionmcnt law. II l. Il dl>crrupu WIZ. W. 80,
icard IN a Wild scramble IN the legislature lor IrW =,
ent,tion There WIS no discretion; Mcoruli.s "
Nr RoScndac We should submit To the gerry llIIuta
Jin calls attention to the rank injustice III ,
.io, I'm the past What does he tlnnk OF lhe Asvm A,t
i1v district iust carved out IN New orh ,itN H.
cn1tains only 5000 voters Il Lawrence 'Ou'.,, nH6 @
onIv one AsscmbI man. althonEl she M 49, ~
,ar. have confidence that thls court VII llNr
,,, a,ove nartISanship and Will sweep away thls uh-
in-t and incqultablc AppoitionmehJ law
u Risley then formally asked 'he judges to render
. decision AS early as Monday next; since no party
,ir.tions could be made under the Election O"e
oo.r October lo and time must he gwen to hom ,ne
,en,Ilv conventions This ended the proceedings
of the day
DRIFTING DYNAMITE CAPTURED.