New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-09-02
publican Club to attend bannerralsing the meeting
adIOuIned.
TIE APPLE ALTON Is DENIED.
JUDGE BARTLETT WILL NOT COMPEL THE hi'ooh-
LYN SUPERVISORS TO MAKE NEW
MENT.

JUDGE BARTLETT WILL NOT COMPEL THE BROOK
LYN SUPERVISORS TO MAKE \ NE"
APPoRTIoNMENT
Judge Bartlett. in the Supreme Court, bfoo"Sn'
Yesterday handed down his decision denying '"0 wy
pllcatlon OF A. d. Bair and others, who hVe III Vi'
new Vth Assembly District, for mandah's " ~
pei the supervisors to make apporticIHleh' az
corilng to law, the ground that their d''9' u
the district was unlawful and unconstitutional. i"
his opinion Judge bartlett holds that the app'"uo"
cannot be granted without putting into the S'a'c Do
sttuton the provision stricken out in lo'a' "','h
required the supervisors to divide the districts 50 '''
they should contain nearly as may be an eq"i, mum
Der OF inhabitants. II was argued In tue aPp''
that this change bmndcr or an hcI vi 'u
vcrtcnce Oh the part Of those who formnh'eu ''ic
Constitutional Amendment OF 1874. and Judge bar'-
lett says: ~
IL do not feel at liberty 10 regard IT, Inc
fundamental law OF the State IS presumed TO DC, ana
indeed is, prepared with the very grse't "cno''"
tion and adopted only after every opportunity i'
fiction upon the meaning Of each word mas UGH "'u
by different Legislatures and BY the people III 's''
Cpcckham, j., in Pe0pl. eX rel gilbert " "@,'P''
1875. ~ Y, on 1907 The alteration thrs mace IN
the Constitution 10 me too Significant '" NO
overlooked and although It may not be easy 10 per
ccivc why the supervisors were relieved OF an en-
press constitutional restriction that was stu ei upo
the Legislature, | am convinced that such WIS ana
is the effect OF the amendment Of 1874.
"of course. II that requirement now also appn.u
TO the supervisors II would be necessary 10 u'''u'
whether the courts possessed jurisdiction 10 i"'e.'
and enforce II whether the discretion 10 "c'er"'
what was approximate equality had not been com
mit,ed by the Constitution 10 the SUPERVISOR wiz"
out any power OF review the part Of the uo''"rS'
As ! Intimated on the hearing. il seems to me eA-
trcmcly doubtful whether such authority eAH'S Ill
the courts and further reflection on the dues"o no"
only served to impress me with the strehg'" Vi '"s
argument against the existence and assertion OF suon
II power. - .
The suggestion Is made that the dire'uoh 10
divide county into Assembly districts sno''N ="
held TO lmpart equality Of arrangement The use Vi
the verb does not necessarily imply equalty' NV"
ever, and in view OF the chnnge In this part o '"o
Constitution which has been discussed cer''hN
do not think such Is It's necessary meaning mere
Indeed In the very same section, II Is pi''n'S
in a different sense. In the prohibition against ,'e
division of towns in the formation oil Assembly, u''
tricts." ,,s
in the constitutional sense, that they cannot pc
divided a. was done by the alteration of ward DUNN"
aries by the Aldermen, Judge Bartlett says
The Legislature cannot make them towns wi'nin
the meaning OF the Constitution simply by ueo"","s
them be such 1t must go further a ,na govern.
for the wards the e,Sen,l5l is"t ,nc stare THIS the
deemed towns for certain purposes. their herAc,
in the municipality deprives them OF their s' indS
character as townships and therefore, IN my , iaus
ment takes them ont OF the constitutional pIoVsio
here Invoked MAILER Of Cierrun BCNgd OF super
visors 100 y. A., 100"
In conclusion the opinion reads ~, ,
lit is well settled that a mandamns VIII i' su
only when the applicant has clear legal r'g oy. "a ss
reIief sought In the present case. the grievances
alleged bv the REALTORS can be considered ohn 80 "a,
as they constitute basis for their claim 10 lesii
,,.iress Inasmuch. however. II does not sppea,
that the respondents have exceeded their conuuoI"
uoycrs In such 10 authorize thr lner,e.c,',
p ,he court II follows that the application for tbs
writ must be denied. Application denied "iuo"
cost" A.. ,.., Tarp
which meets this month.