New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-21
EEAppoRT1OYMENr ~ THE COURTS.

Proceedings were instituted ut Rochester on
Tuesday to test the consttutionality of the
acts resulting in a leapportionment OF the state
in legislative districts. 1t is believed that
decision may be had from the Court of Appeals
during its October session. The lines on when
this attack is being made were traced recently
in our staff correspondence from Albany.
Issues of law only have been raised at Koch
ester 1t is not there contended that the
enumeration was either falsely taken or falsely
counted All questions Of fact have been
omitted from this particular proceeding so that
IFS progress NAV not be delayed. The Board
of Supervisors Of Monroe County is a Rcpub-
lican body. BY formal resolution it has re-
fused TO obey the provision of the ReappOrtion-
ment Act directing it to distribute the seats
assigned to Monroe County and to fix the boun-
diaries of the Assembly districts. The City
Attorney of Rochester, who is also Rcpub-
lican has obtained from the Supreme Court a
mandamus requiring the Board to show why
it should not be percmptorily ordered to go
ahead with its alleged duty under the law.
This is not a cousive proceeding. In the
first place, the City Attorney represented
chief party in interest. As the districts in Mon
roe are at present bounded. Rochester, with
nopuation twice as great as the outlying coun
FRY. has ONLY one Assemblyman, while the out
living country has two. Under the new appor-
tionment Rochester City would be entitled TO
two and the outlying district to on,. So that
the appearance of the City Attorney is entirely
appropriate. Nevertheless, recognizing the
fact that the interests involved arc in the larg
est degree political and affect the entire State
as we'll as Monroe COUNTY. the City Attorney
has notified to the Attorney General at Albany
the sten he has taken, and has invited the At
torney General to appear in support of the con-
stitutional,y of the acts or to designate some
one who will appear. The argument is thus
handed over to the Democratic party upon the
sole condition that they shall proceed with
it. and shall not seek by delays and insnccre
interruptions to postpone the time at which
decision may be obtained.
Mr. Sutherland who will conduct the Re-
publican side of the controversy, makes four
points. He alleges that an enumeration cannot
consttutiOnally be made in the year 1892, nor
nj any other time except the time fixed by the
Constitution-that is, at the end OF every decade
from the year 1875. lie alleges also that no
information was transmitted to the Legislature
showing how many persons OF color not taxed
there are in each county. This in our judg
ment, is one of the strongest points in the Re-
publican allegation. The Constitution distinct
ly requires that aliens and persons of color not
taxed shall be excluded from the population on
which the Senate districts are based And yet
nothing whatever appears in Rices census re-
port as to the colored population. When THE
TRIBUNE made its startling exposures of the
frauds that went on in the Enumeration Blu
Ieau at Albany the reason of this omission was
revealed. The enumerators did, rs a matter
of fact take information rs to the coored pop
nlation. but when, on the night Of April 90, by
the order of Deputy Secretary Benedict the
sets of cards containing the record Of the pop
ulation in each election district of many coun-
ties were deliberately falsiiied, so as to force
agreements in sets of figures that could not
be made to agree by any honest arithmetical
process the Bureau officials realized that it
was a hopeless task to attempt any further
tabulation than that thus dishonesty made.
Had they attempted to go through the rolls
again 80 as to show the facts with regard to the