New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-08-08
PRICE THREE CENTS.
GOVERNOR FLOWERS MOVE.
NOT TO ALLOW THE GERRYMANDER MATTER
TO REACH THE COURT OF APPEALS.

AN EXTRA SESSION OF THE GENERAL TERN IN
THE FIFTH DEPARTMENT CALLED-IF THAT
COURT AFFIgMs JUDGE RUMsEY's DEcIs-
ION THE LEGISLATURE WILL BIZ
SUMMONED TO PASS NEW
REAPPoRrIoNMENT ACT.
Buffalo, Aug. Special Governor Flower haA
called an extra session Ct the General Term OF
the Supreme Court of this the Fifth Judicial De-
partment, to meet here on August l6. The call
was issued by the Governor in Albany day or
two after w. A. Sutherland, of Rochester, had
made his powerful argument before Judge Rumscy,
showing the unconstitutionality Of the Demo-
cratic legislative gcrrymanderirg act. Mr. Suther-
lands argument showed plainly that the law
through which four or five INSCRIPTIONS Demo-
Gratis expected TO keep control of the State was
absolutely void. Outside OF this case there Is
nothing before the General Term OF this dis
trict which is OF so pressing nature that an
extra session is necessary. The calling OF the
extra session at this tme it is said on excellent
authority, means great deal more than many
people suppose. 1t Is said to mean that Governor
Flower has determined upon course OF action
which he hopes will get the Democrats out OF
the dsagreeable and unpopular position In which
the greed of "a few leaders has put them. SeVerai
things have operated TO cause the Governor 10
reach this CONCLUSION. In the natural order OF
things the gcrrymander cases would reach the
Court of Appeals about the middle OF September.
II the Governor had not called the extra session
of the General Term for this department. 10 mces
next week Tuesday, the Oneida County case
which Is similar TO the Monroe County case thas
has lust been decided by Judge Rumsey In Special
Term, would have reached the Court OF Appeals
ahead OF the case which Mr.. Sutherland argued.
;e tha O
ment meets considerably before the regular meet
ing time of the General Term in this district
The Court of Appeals does not meet until tho
middle of October and good lawyers who nave
looked into the question find 10 authority Tor
the Governor or any one else getting this cours
together before that time.
II the Court of Appeals were to hand down
decision in either the Monroe County or the
Oneida County case soon as practlcabe aiter
argument upon it had been made, and that de-
cison should happen TO follow in the line OIL uio
Michigan and Wisconsin decisions the Democrats
would find themselves in peculiar position. ouch
decision would bring them to the closing days
Of a Presidential campaign with the onus OF hav-
ing their own court and their own judges re-
pudiating their attempts to steal the State. In
spte OF the boasts which are being made on every
hand by the Democratic bosses that they own
the Court of Appeals, the more reputable Demo-
crats are not AZ sangune that the five Democratic
iudoes of the Court Of Appeals will allow the
ocrrvmander to stand. number CT able Demo-
cratic lawyers have examined the law anu 'he
Constitution and have informed Governor Flower
that the Reapportionment act is clearly uncoh-
+;ru,iopal They have also It'd him that they
do NOT belicye that a majority Of the members
of the court of last resort would uphold the acu
There are various reasons for this. In the hrse
| place it il probable that one OF the Democra.c
| members Of the court will he named by the
| Democrats for Chief Justice, and none OF theri'
uuless perhaps, the man Maynard, would care 70
90 before the people with the record OF sup
nortin0 the most outrageous eerrymander that
evor nss been attempted, at a time, too, wheu
the decisions of the Michigan and Wisconsin
courts are fresh in the inds OF all. Inc couh-
try Democrats. who, under this act, nave peen
deprived of their just representation In the Legs
lature are as much disgusted with the proceed
nrs OF the bosses a. are the lsepuoleanS' 'Ai"
they could not he depended upon to support WIN
their votes candidate for the high office OF
Chief Justice Of the Court OF Appeals VINO wouio
UNFOLD the efforts 10 take away their representir
t,on in the Senate and the Assembly. Any mem-
her Of the Court Of Appeals who receives .that
nomination would have TO carry Maynard on MS
shoulders any way, and that would DE heavy
enough burden in itself.
For these political reasons alone it is known
that the Governor has been advised that 10 Is not
at all likely that the Gerrymander act wou'
stand the test of the courts. On this account
heading Democrat said yesterday. Governor
Flower has decided TO act uopn the decIsioh VI
the General Term. in case Judge Rumsey uc-
cision is affirmed and the law Is held py this
court 10 be unconstitutional Instead OF waiting
for a final determination Of the question Dy '.e
highest court in the State. the plan l. siio 10
haye hean determined upon by calling anotner
| extraordinary session OF the Legislature anu anu
having fsirer Apportionnent bill pissed ro Ino
calling of the extra session OF thc 9enerai ran I'm @
OF this district for next week Tuesday VIII per-
mit n determination OF the question oy tnis
court, so that extraordinary session OF .ns
Legislature can be called for the purpose OF
acting upon a new Apportionlnent law oy tno
first week in September at the latest iheIe
would then be plenty of time in when 70 csdl
the Boards Of Supervisors Of the various counucs
together, that they could redlstrict their re-
spectiye counties before the middle OF the same
month Nominations for members OF the Assem-
bly, GOULD then be made without serious neon
vehience to the voters. who would have an oppor-
tunity to learn what districts they are in.
The Attorney-General has not yet come into
this case. but he is expected either 20 appear IN
pcrson or have his office represented by some aoie
Democratic lawyer when the argument IL MATS
here next week. Up to This time II has bfen me
intention OF the Democrats TO delay In every WAY
the progress of the case 10 the Court or Appears
The Acknowledgement was in New-tork City lass
week and il is understood thai he dlscussed tho
plan of taking hold Of the case with several Dem
ocratic politicians whom he met at the Holman
| House. -. IL. -
+l,e legislature and the passage OF more rguI-
table Apportionment measure will not only reiievo
the Democratic members OF the Court OF Appeiis
| from passing upon this question, nut WI, Also
place the Democratic party IN h''ie oe''e'
| light before the public.
, rIyKEprOy DETECTIVE rEsTHTES.
g.