New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-07-20
TO TEST THE GERRYMANDER.
BOARDS OF SUPERVISORS hEFUSE TO MAKE
APPORTIONMENTS
DECISIVE ALTON TAKEN By THE LAWMAKERS
OF MONROE. AND DUriHEsS COUNTIES
MANDAMCs PROCEEDINGS INsr-
TTIED IN KUNH u LIt'
rpY TrIEGRAPH TO The TRIBUNE,

Rochester. July 19-The Board OF Supervisors OF
Monroe County has taken decisive step to settle the
question OF the legality of the Apportonment act OF
the last Legislature. By vote Of II to the county
lawmakers th, morning refused to make the allotment
Of Assembly districts in Monroe. Every Republican
member OF the Board favored this and three OF
the Democratic Supervisors voted with them. As soon
a, the Board had opened its midsummer meeting
Supervisor Frost without any explanation presented
A communication from William \. sutherland. OF TINS
city, member of the Republican National Com
mitec and candidate at the last state election for
Attorney eneral, stating that having examined into
the constltu,onallty Of the reapportonment OF the
senate and Assembly districts, lie satisfied that
the reapportionmcnt is unconstitutional. Four
reasons were given BY Mr.. sutherland for his belief
First he said the Legislature could not 'constltu-
tIonally enumerate the inhabitants In the year 1S92
second the enumeration made did not comply with
the constitutional provision requiring the Legislature
TO know how many colored persons. not taxed there
are in county in the state third, the Socaled
Reapportonment act not passed at the first scs-
sion of the Legislature after the enumeration was re
turned fourth gross and fragrant Inequalities exist
in the apportlonmcnt OF members OF Assembly ana
senator's whereas the Constitution provides that each
senate district shall contain. nearly may be, an
equal number Of Inhabitants. excluding " aliens and
persons Of color not taxed and that members OF
Assembly shall be apportioned among the counties as
nearly DE. accOTulls w ulo huHi"'' Va ~
respective Inhabitants, excluding aliens.
After the reading OF the communication supervisor
Frost sent ND "A resolution. In the preamble Of which
he referred to the fact that the Board was ordered
By Section OF Chapter 307 of the Laws OF i8o2 10
meet to-day aud make the Senate ana Assembly
district appointments and declared that act IN
invasion Of the rights of the people and unconSttu-
uonal for the set forth BY Mr.. Sutherland
Then followed these resolutions
Resolved, That this Board declines 10 tnke any
action whatever I'm pursuance Of any Of the PROVISIONS
of said Chapter 800 Of the Laws OF lo92 IL,
Resolved, That In case any proceeding DE nhsu-
tutcd wherein this Board Is party looking TO INC
enforcement Of said Chapter 331 OF the Laws OF
1902 the papers served In such proceeding DE- al
once handed to ". \. sutherland who IS hereby re
queste to appear for this iioard ana pfotert IL
rights and the rights OF the IhdlNluudl heHo'iS
thereof In any or all courts.
Having adopted these emphatic resolutions by n
vote OF 81 10 g. the Board adjourned until the AFTER
noon A few minutes later court order was served
on Chairman OTIS, commanding that the Board by
IFS counsel appear before Justice RumSey, OF the
supreme Court. ut the special term In this city next
Monday morning and show cause why writ oil
pcrcmptory mandamus should not Issue com
pclllng the Supervisors TO make the appornon'nent
reqnlr,d by law. The order was issued by Judge
William +. Werner. aildavts of Charles +. roma
and served on behalf OF the City Attorney, [. d.
Kieh Inasmuch rs all the parties to the mandami'
proceedings are Republicans and 1t IS not desired tha
thr matter shall De regarded rs polllIVai snap
game the city Attorney this afternoon sent letter
10 the state Attorney General enclosing copy OF the
papers in the proceedings Instituted by him. In M
| letter Mr. kirhl states that he has begun the pro
ceedlngS because OF the disparity under the appOr
uonmort which gives Rochester. with 120335 citizens
only one Assembynian, while the country towns VIII
81 SIS citizens have two After stating that he VII
be- Glad 10 have the assistance OF representatives o
the states law department In arguing on the matter
Nj. kichl says:
careful reading papers served VIII show that
ha, Attended 10 narrow solely N the questlo
Of the consttuuonaiiy OF the act have alleged tn
tthfuncss figures returned 70 the Legislature b.
the ary OF STATE shutting the door against an
lnsinuatons 10 their accuracy, unless tho Board
surs,y1.ors wish 10 tho burden Of Offering som
| proof on that subject This do not believe they wi
wish 10 do also out the acts OF tho Leglsla
tire in rill. you will see. 40 that everything VIII
.fore the court application which IL necessary
n,t. the court 10 make intelligent order In the prrmisr
II Won or any persons interested In enforcing Uni
,,tt. desire b heard. shall b. pleased 10 give thei
th~ opportunity but If you do not care ." bother WIN y
hail argue tho case best OF ability and II u
| ,tc, shall pu.h IL through to the Court Of APPEAL
with all possible >Ircd
| A. the afternoon meeting OF the Board Chairman
otis gave notice OF the serving OF the mandam'iS paper
and stated that they had been turned over to MIR
NJ Sutherland thinks that the constitutIonality
the Appprtlonmelt act Will be settled ny the court
| N'rmghkcrp,le. y J.. July 10 (Specah.-The Board 6
supervisors OF this county met todhy ana adopted III
resolved. That We regani the appointment
senator, and members Of the Assembly at ne rc'u
! 10 b. unconstitutional. Illegal and void. and W" there
lore decline To take any action for the division u al
| comfy into Assembly Districts. The Assembly DIE
trcts remain a, they arr leaving tho lNt District IL
publican and tho Id District Republican also. II we
tonight The yoe T NH ' To% T Tor s' and
democrats. three u whom are ghad Marked NV'h