New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-27
THE STATE GERRYMANDER.
ARGUMENTS TO BE HEARD BEFORE JUDGE
RUMSEY TO-DAY.
WIDESPREAD INTEREST FELT IN THE CAsE-THL
ATTITUDE OF TIE DEMOCRATIC ATTORNEY

(BY TELEGRAPH TO THE TRIBUNE
Rochester. July 26.-W A. Sutherland, who rep
resents the Republican members Of the Board OF
Supervisors of Monroe County, which Board re,
fused to reapporton the county, OH the grouhu
that the law providing for the reapportionmen'
was unconstitutional, and G. d. Kichel the lily
Attorney OF Rochester, who Is supporting the
law, went before Judge Rumsey In the Supreme
Court this morning and obtained permission 10
argue their respective sides Of the case teiore
him. The argument will be had on an or@r
issued by Judge Woerncr. Of this city, on Tuesday
Of last week, after the Board, by overwhelming
vote had refused 10 act under the law held 10 oe
unconstitutional, compelling the Board 10 reap
portion the county as the act directs. g. H.
Kehel, the City Attorney, received the order from
Judge Woerncr. This, in reality Is the lrst
step in the legal fight which is to be conducted
to have the Court of Appeals pas upon the ques-
ton of the constitutionality Of the act under
which the ecrrymandcr Of the State by the Dehi-
ocrats has been accomplished.
The Attorney-Gencral, who has declared ohnt
he would have representative from his office
appear In the case, "a yet has sent no worn
as t, who that representative would he or when
he would appear. A. the argument, which VIII
he made here tomorrow by the attorneys repre-
scntung either side OF the case, is in the main
merely preliminary to the chief argument, which
will eventually De made to the Court of Appeals.
it has been thought that the AtorneyGcneral
would wait until the time when the case IL
finally sent 10 the court Of last resort Tor
determination before b0thering himself and his
office with il. He is "A Democratic Attorney-''en-
eral. lie owes his nomination 10 Croker, Murphy
and Shcehan, and in caees OF a political nature
like this he undoubtedly Will be guidel by them.
It has been al along, the purpose of the Demo-
cratic bosses TO refrain from taking up any OF
the cases wherein the Boards OF Supervisors OF
the countsss have refused TO act under the
unconstitutional law and securing from the
Court Of Appeals determination OF
the question which has been raise as TO
the constitutionality of the law that passed
by tie stolen Senate and signed without hest
tatlon by Governor Flower.
The argument which Will be made by Mr.
Sutherland will be document which will
lie well worth reading and studying by all who
are interested in this case. Mr. Sutherland is one
Of the leading lawyers Of Western New York, and
he has given to this the best and the most
conscientious study and research OF which he is
capable. He has gone right down TO the roots OF
each point which lie has raised. and be declares
that any one OF the four points which he will pre-
sent 70 the court Is sufficient in itself for a well
balanced ud9c to decide that the Board OF Super
visors OF this county did right in not acting
under the new law. There IL corSiGeTale cum
osty among lawyers Ia learn what view Mr kichel
will take in supporting the law. He il known as
a young. able and energetic attorney, and he has
spent considerable time and study in working up
an argument for his side Of the case. II probably
will be some time before Judge Rumsey will hand
down a decision. lie viii have a mass Of paprr~
70 examine and numerous references and preccden't
TO look up which will be cited by Mr. Sutherland
in his arguments in support Of the Board of Super
visors The arguments 10 bc had tomorrow
have attracted wide attention. and many we'll
known men have cent word that they wanted 10
be present 70 hear them